Appearing in the Fair Work Commission

CONCILIATIONS

This program is suitable for anyone likely to have to appear for their organisation in the Fair Work Commission for conciliations

TOPICS

It will cover topics including:

  • Understanding the powers of the FWC
  • Preparing for conciliation
  • Developing a conciliation strategy
  • Understanding time limits
  • Hitting the high points of your case
  • Managing conciliators and members of the Commission
  • Recording settlements
  • Role-play scenarios

CONCILIATIONS & HEARINGS

This program is suitable for anyone likely to have to appear for their organisation in the Fair Work Commission for conciliations and arbitrations

TOPICS

It will cover topics including:

  • Understanding the powers of the FWC
  • Preparing for conciliation
  • Developing a conciliation strategy
  • Understanding time limits
  • Hitting the high points of your case
  • Managing conciliators and members of the Commission
  • Recording settlements
  • Examination in chief, cross-examination and re-examination
  • The “rules of evidence”
  • Exhibits and evidence
  • Preparing witnesses
  • Role-play scenarios

Introduction to Enterprise Bargaining and Agreement Making

This program is suitable for Employer representatives involved or likely to be involved in bargaining/negotiating an Enterprise Agreement

TOPICS

It will cover topics including:

  • Introduction to Enterprise Bargaining and its development in Australia
  • Interests-based negotiations
  • Unions, bargaining representatives and “good faith bargaining” under the Fair Work Act 2009 (Cth)
  • Document creation and control (logs, minutes, agreements)
  • Pitfalls and key watchouts
  • Videos and simulations

Implementing Change Management

This program is suitable for Senior Leaders and Executive Committee (particularly upon identification, but prior to implementation, of change initiatives)

TOPICS

It will cover topics including:

 

  • The psychology of change
  • Case examples of successful and failed change management initiatives in Australia and globally
  • Legal framework for change management in Australia
  • The “Seven Rules” of best practice in change management

Conducting Workplace Investigations

This program is suitable for Managers and Leaders

TOPICS

It will cover topics including:

  • Legal obligations and practical challenges in carrying out workplace investigations
  • Common scenarios where investigations are required (bullying and harassment, code of conduct breaches etc)
  • Best practice in investigations (planning, timeline, scripts, confidentiality, particularising allegations and response mechanisms)
  • Case examples of inadequate investigations
  • Commercial and legal consequences of inadequate investigations and Unfair Dismissal cases

Social Media in the Workplace

This program is suitable for Managers and Leaders

TOPICS

It will cover topics including:

Legal and commercial challenges of social media usage in the workplace and outside of work

  • Utility of social media policies
  • Case studies involving Facebook, Twitter and blogging
  • Controlling out-of-hours conduct and legal and ethical responsibilities of leadership staff
  • Harassment and bullying via social media including stalking, sending suggestive or explicit photos, and harassment by clients or customers
  • What can staff say about their employers?
  • Framework for solutions including revision of written policies, infrastructure changes, “culture” audit, and education and training of leadership staff

Work Health & Safety: Risks and Obligations

WHS Basics

This program is suitable for entire workforce and all industries regardless of position and hours of work

TOPICS

It will cover topics including:

  • Basic obligations of workers (employees and contractors) and PCBUs
  • Penalties
  • Regulations/Codes of Practice
  • Consultation (PCBU and worker)
  • Powers of safety inspectors and unions
  • Incident reporting and non-disturbance
  • Officers – due diligence obligations
  • Working from home
  • Isolated/remote work
  • Manual handling
  • Bullying/psychological risks

WHS – Dealing with Incidents and the Regulator

This program is suitable for Manager and Leaders or those who are required to deal with incidents in the workplace

TOPICS

It will cover topics including those in WHS Basics but with greater depth/focus on:

  • Managing WHS complaints/issues
  • Understanding when to report to the safety regulator and insurers
  • Non-disturbance of incident sites
  • Dealing with investigations, notices and prosecutions by safety regulators, including visits by safety inspectors
  • Legal professional privilege
  • Hierarchy of control and implementing change
  • Dealing with third parties – coroner, police, unions

WHS – Officers’ Due Diligence Obligations

This program is suitable for Board members, directors, company secretaries or those heavily involved in the management of the organisation and who can impact he organisation’s finances or Board direction

TOPICS

It will cover topics including those in WHS Basics but with greater depth/focus on an officer’s independent duty of due diligence under WHS laws

  • Acquiring and keeping up to date knowledge of WHS matters
  • Understanding the nature of the operations of the business/undertaking and generally of the hazards and risks associated with those operations
  • Ensuring the business/undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise WHS risks
  • Ensuring the business/undertaking has appropriate processes for receiving and consideration information regarding incidents, hazards and risk and responding in a timely way
  • Ensuring the business/undertaking has and implements processes for complying with its WHS duties and obligations at law
  • Verifying the provision and use of resources to comply with the above

 

Managing Absenteeism and Injured Employees

This program is suitable for Front-line Managers

TOPICS

It will cover topics including:

  • Understanding the law around discrimination, contracts, policies and worker’s compensation
  • Review of organisation’s experience with handling absenteeism and injured employees
  • How much accommodation must be made?
  • Independent medical opinions
  • Interactions with worker’s compensation insurer

The Fundamentals of People Management

This program is suitable for Managers and Leaders

TOPICS

It will cover topics including:

  • Your organisation’s policies and procedures
  • Overview and development of industrial relations in Australia
  • Understanding the contract of employment and how to effect variations of contracts
  • Workplace Behaviour
  • Overview of the Work Health and Safety regulatory framework
  • The do’s and don’ts of recruitment
  • Importance of inductions and on-boarding
  • Understanding and managing contractors and casuals
  • Performance Management
  • Managing absenteeism and long-term injured employees
  • Dealing with flexible work requests and parental leave
  • Employers’ rights in addressing employee mental health and drug and alcohol issues
  • Terminations of employment and the different types
  • Post-employment issues

Behaviour and Culture

This program is suitable for Managers and Leaders

TOPICS

It will cover topics including:

  • Your organisation’s values and principles
  • Comments on a changing workplace
  • Social media
  • Out-of-hours conduct (work functions, kick-on-events and private functions)
  • Client and customer interactions
  • Consensual relationships
  • Bullying in the performance management context
  • Nicknames and other workplace “norms”
  • Appropriate topics of conversation in the workplace and banter
  • Sharing “too much information”
  • High profile cases such as the David Jones and the PwC cases

Performance Managing for Business Excellence

This program is suitable for Managers and Leaders

TOPICS

It will cover topics including:

  • Introducing a high performance culture in your organisation
  • Why managers struggle to performance manage well
  • Having the “crucial conversations”
  • Termination at the employer’s initiative: the unfair dismissal context
  • Potential legal claims resulting from termination and consequences
  • Operation of relevant laws
  • Suggestions for holistic performance management
  • Managing the exit and post-exit