Remuneration, Wage Theft & Payroll

Opening remarks from the chair

Kate Walawski, Barrister, Sage Strategic Consulting (Perth)

Employment Class Actions: Trends and how to respond

Since 2018 there has been a marked increase in the number of employment class actions. Unions have also increasingly brought ‘class action like’ proceedings. Sometimes, the employer responding to a class action will be dealing concurrently with Fair Work Ombudsman action. This presentation will examine recent trends in the number and subject matter of employment class actions, how courts have dealt with employment class actions and other ‘class action like’ proceedings, and how, in light of this, employers should respond when faced with class actions or potential class actions.

Liam Meagher, Barrister, 6 St James Hall Chamber (Sydney)

Practical tips for when you discover an underpayment issue: employer obligations

Communicating with employees and unions

• Reviewing role of the Fair Work Ombudsman
• Tips to manage calls or investigation by the Ombudsman
• Clarifying audit or investigation including powers of the Ombudsman
• What to expect when entering into an arrangement with the Ombudsman

Laura Gavan, Special Counsel, HWL Ebsworth (Sydney)
Heidi Dopson, Senior Associate, HWL Ebsworth (Sydney)

How to de-risk your payroll function

A spate of high-profile cases of payroll error has put the spotlight on the need to review the payroll function to avoid expensive errors and remain compliant to wage obligations.

• What are the components of a well-governed payroll function?
• What are the most common causes of payroll compliance errors?
• What should you do if you discover a compliance error or underpayment?

Tracy Angwin, Chief Executive Officer, Australian Payroll Association (Sydney)

Accessorial liability for wage theft – how managers will be held accountable and personally liable

The Fair Work Act (per section 550 of the Fair Work Act) provides for accessorial liability provisions extending liability to those who were knowingly involved in a contravention. The accessorial liability provisions operate to potentially extend liability for wage underpayments to an individual if they had the requisite knowledge of the contravention as well as civil penalties for wage theft. The session addresses how to reduce the risk of accessorial liability for wage theft.

Alexandra Terrill, Managing Associate, Dentons (Melbourne)

Casual Employment: Are your current arrangements fit for purpose?

Following legislative change and a High Court decision, the question may well be asked, what makes a casual, casual? In this session, Emily will unpack:

• The new statutory definition of casual employment;
• Recent High Court authority concerning the interpretation of employment contracts and how this impacts casual employment arrangements;
• How employers can ensure compliance, and the risks of non-compliance; and
• Managing casual conversion obligations.

Emily Haar, Partner, Piper Alderman (Adelaide)

Wage Theft - Causes and practical tips for employers

Wage theft, being a broad name used for the failure to pay employees their correct employment entitlements, is widespread and attracting much media attention. The causes vary from not keeping up with legal changes, inadvertent employer error, and payroll system problems as well as deliberate and systematic schemes to underpay employees.

The session will provide

• Overview of new wage theft laws and regulations
• Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
• Senate Committee review and recommendations

Bruce Heddle, Partner, Maddocks (Sydney)
Simon Coates-Peacock, Senior Associate, Maddocks (Sydney)

Developments in superannuation and employment taxes: risks and uncertainties for employers

• Tracking the current areas of risk and uncertainty in superannuation guarantee and employment taxes
• Identifying some key points of uncertainty following recent High Court and other court decisions
• Mapping recent cases, Naaz, Moffet, JMC, and the superannuation uncertainties post Personnel Contracting and Jamsek
• Exploring the mandatory minimum penalty after the superannuation guarantee amnesty
• Clarifying the ATO draft guidance around superannuation payments and employer obligations (if released prior to conference)

Amber Agustin, Partner, Clayton Utz (Melbourne)

Criminalisation of Wage Theft: an effective deterrent?

Household brands continue to be brought into media prominence with the growing emergence of high-profile wage underpayment scandals in Australia. In an effort to deter the recalcitrant, will the criminalising of wage theft be effective? This presentation will:

• explore recommendations advanced in the Senate Economics References Committee Report ‘ Systemic, sustained and shameful: unlawful underpayment of employees' remuneration ’
• examine the recent introduction of legislation in Queensland and Victoria targeting wage theft
• address what the legislative changes mean for employers and the increased risk and exposure
• consider whether the imposition of criminal sanctions will achieve compliance with workplace laws

Kate Walawski, Barrister, Sage Strategic Consulting (Perth)