Conference Program
ALLA 2024 National Conference: Assessing the Impact of Change and Reform in Australian Labour Law
8–9 November 2024, Novotel Geelong
DAY TWO: NOW COMMENCING AT 9.30am
DUE TO A FLIGHT DELAY – THE DAY TWO PROGRAM WILL NOW COMMENCE AT 9.30am. Tea and coffee will be available on arrival.
The ALLA 2024 National Conference delivers over 50 papers presented by academics and practitioners from Australia and New Zealand and exploring the impact of recent reforms across all aspects of workplace law for workers, businesses, unions, regulators and other stakeholders.
8.45am PLENARY SESSION - Conference Opening - PENINSULA ROOM
8.55am PLENARY SESSION - Welcome to Country - PENINSULA ROOM
9.05am PLENARY SESSION - KEYNOTE PRESENTATION - PENINSULA ROOM
Assessing the impact of recent workplace law reforms (Secure Jobs Better Pay Act 2022 & Closing Loopholes Acts 2023 & 2024)
The Fair Work Commission Perspective – The Hon. Justice Adam Hatcher, President of the Fair Work Commission
The Fair Work Ombudsman Perspective – Anna Booth, Fair Work Ombudsman
Chair: Distinguished Professor Anthony Forsyth, ALLA President
11am MORNING TEA
11.30am CONCURRENT SESSION - Respect@Work and other Reforms of Sexual Harassment Laws - PENINSULA ROOM
Respect@Work and other Reforms of Sexual Harassment Laws
Chair: Associate Professor Belinda Smith, University of Sydney
| The paradox of choice: examining the options for workplace sexual harassment claims and progress on the Respect@Work changes | Susan Price, Ella Kelly, Isabel Michaels and Harriet Wilson |
| Tackling bullying and harassment in the legal profession: Systemic discrimination and positive duty powers under the Sex Discrimination Act 1984 (Cth) | Penny Thew |
| Breastfeeding bodies at work: The case for transforming business as usual | Dr Amanda Selvarajah |
11.30am CONCURRENT SESSION - Underpayment and Wage Theft - BELLARINE ROOM
Underpayment and Wage Theft
Chair: Professor John Howe, University of Melbourne
| The rise and fall of the Victorian wage theft offences | Melissa Kennedy |
| How will the federal criminal offence targeting wage underpayments impact international students from India? | Domenico Lococo |
| Underpayment class actions: Who pays and who benefits? | Philippa Munton |
11.30am CONCURRENT SESSION - The Operation of Reforms to Collective Bargaining - CERES ROOM
The Operation of Reforms to Collective Bargaining
Chair: Professor Emeritus Gordon Anderson, Victoria University Wellington
| 18 months of multi-employer bargaining reform | Larissa Harrison and Distinguished Professor Anthony Forsyth |
| Non-union collective agreements and the Fair Work Amendments 2022-2024 | Professor Shae McCrystal |
| Reinvigorating collective bargaining in the post-Covid era | Clive Tillman |
1.00pm LUNCH
2.00pm CONCURRENT SESSION - Marking the Anniversaries of the Sex and Age Discrimination Acts - PENINSULA ROOM
Marking the Anniversaries of the Sex and Age Discrimination Acts
Chair: Larissa Andelman, NSW Bar
| 40 years of the Sex Discrimination Act – A cause for celebration, commendation or commiseration? | Associate Professor Dominique Allen |
| Change and reform: Examining the Sex Discrimination Act 1984 (Cth) as a tool for achieving gender equality – what does the Positive Duty add? | Associate Professor Belinda Smith |
| Assessing the impact of change and reform: The Age Discrimination Act 2004 (Cth) 20 years on | Associate Professor Alysia Blackham |
2.00pm CONCURRENT SESSION - The Institutions and Processes of Labour Law Reform - BELLARINE ROOM
The Institutions and Processes of Labour Law Reform
Chair: Dr Graham Smith, Clayton Utz
| Reforming zeal – Contentious issues, influence of minorities and Parliamentary process in recent workplace law reform | Professor Marilyn Pittard |
| Perspectives from the public service: Developing policy and legislation on workplace relations reforms | Daniel Tracey |
| From ‘Please Sir’ to ‘See you in the FWC’: Rights to request reasonable treatment and the role of the Commission | Professor Graeme Orr |
2.00pm CONCURRENT SESSION - Collective Bargaining and Dispute Resolution - CERES ROOM
Collective Bargaining and Dispute Resolution
Chair: Professor Shae McCrystal, University of Sydney
| Managing organisational change with staff redundancies in the Australian university sector: A closer look at consultation terms under enterprise agreements approved post Secure Jobs, Better Pay Act | Dr Jonathan Sale, Arlene Sale, John Burgess and Al Rainnie |
| ‘Opting Out’: Collective bargaining in professional team sports in an era of change and reform in Australian labour law | Brendan Schwab |
| Collective labour dispute resolution in practice in Indonesia, the Philippines and Vietnam: An empirical assessment | Professor John Howe, Dr Ingrid Landau, Dr Petra Mahy, Professor Richard Mitchell, Dr Amanda Selvarajah, Professor Carolyn Sutherland and Dr Trang Tran |
3.15pm AFTERNOON TEA
3.45pm CONCURRENT SESSION - Litigating Labour and Discrimination Law - PENINSULA ROOM
Litigating Labour and Discrimination Law
Chair: Vince Rogers, Lander & Rogers
| The onus of proof and causation in discrimination proceedings | Larissa Andelman |
| The current duty of reasonable care in workplace investigations | Dr Adriana Orifici |
| ‘A Number in the System’: Inequality in the employment relationship as a driver of maternal job loss | Emma Graham |
3.45pm CONCURRENT SESSION - Workplace Oversight and Control - BELLARINE ROOM
Workplace Oversight and Control
Chair: Renée Burns, Australian Labour Law Association
| Keeping control of the remote: An argument against a blanket right to work from home | Ryan Murphy |
| Public law and labour Law: Control and discipline in the common law contract of employment | Caroline Kelly |
3.45pm CONCURRENT SESSION - Implications of Reforms for Unions and Management - CERES ROOM
Implications of Reforms for Unions and Management
Chair: Professor Carolyn Sutherland, Monash University
| Right of entry in the digital age | Nicole McPherson |
| Square pegs in round holes – Unions and the corporations power | David Quinn |
| Secrecy and culture in the financial sector | Alex Cousner |
5.00pm BOOK LAUNCH - Research Methods in Labour Law: A Handbook - BELLARINE ROOM
This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship.
Professor Joellen Riley Munton will join contributing authors Professor Shelley Marshall and Ema Moolchand, and editors Associate Professor Alysia Blackham and Professor Sean Cooney to launch the Handbook.
For a limited time Research Methods in Labour Law: A Handbook is available at a discounted rate for conference delegates.
6pm PRE-DINNER DRINKS AND CANAPÉS (ticketed event) - LIMEBURNERS BAR & TERRACE
7pm - 10PM CONFERENCE DINNER (ticketed event) - PENINSULA ROOM
9.30am PLENARY SESSION - Day Two Opening and Welcome - PENINSULA ROOM
9.35am PLENARY SESSION - Panel Discussion - PENINSULA ROOM
The Advancement of Gender Equality in Australia and Reflections on Recent Reforms
In the previous two years, we have seen a range of significant changes to the law that have been targeted towards promoting gender equality at work. In this plenary panel, experts in the field will consider a range of significant changes, from measures to address the ongoing gender pay gap to the recent prohibition of pay secrecy clauses. They will discuss how these changes might impact on employer practices, worker rights and the functions of agencies.
Dr Anna Cody, Australian Sex Discrimination Commissioner
Dr Niki Vincent, Victorian Public Sector Gender Equality Commissioner
Professor Rae Cooper AO, Professor of Gender, Work and Employment Relations, University of Sydney and founding Director of the Australian Centre for Gender Equality and Inclusion at Work
Chair: Dr Amanda Selvarajah, Monash University
WORKING MORNING TEA
10.50am CONCURRENT SESSION - Historical Perspectives on Labour Law - PENINSULA ROOM
Historical Perspectives on Labour Law
Chair: Adjunct Associate Professor Jill Murray, Monash University
| The development of Australian labour law 1788-1888 | Professor Emeritus Michael Quinlan |
| The eight hour day movement and the development of Australian labour law before 1900 | Professor John Howe |
| 19th century origins of conciliation and arbitration | Dr Richard Naughton |
10.50am CONCURRENT SESSION - Where Next for the Contract of Employment? - BELLARINE ROOM
Where Next for the Contract of Employment?
Chair: Professor Joellen Riley Munton, University of Technology Sydney
| Contract, labour law and the realities of working life | Dr Eugene Schofield-Georgeson |
| Overruling Addis? Limitations on the recovery of damages for breaches of contracts of employment | Blade Atton |
| The ultimate arbiter of good business? The Fair Work Commission, managerial prerogative, and opportunities for unions and employees | Imogen Szumer |
10.50am CONCURRENT SESSION - Developments in Aotearoa New Zealand - CERES ROOM
Developments in Aotearoa New Zealand
Chair: Dr Julia Tomassetti, Swinburne University of Technology
| Developments in New Zealand labour law: A return to neo-liberalism? | Professor Emeritus Gordon Anderson and Yvonne Oldfield |
| The fight for self-determination: Decolonising labour law in Aotearoa, New Zealand | Ria Holmes |
| Is there a role for compulsory arbitration in collective bargaining after repeal of the Fair Pay Agrements Act 2022 in NZ? | Dr Alan Toy and Dr Nadia Dabee |
| The evolving relationship between employment mediation and the Employment Relations Authority in Aotearoa New Zealand | Associate Professor Grant Morris |
12.20pm LUNCH
1.00pm CONCURRENT SESSION - AI and Privacy Issues in Workplace Law - PENINSULA ROOM
AI and Privacy Issues in Workplace Law
Chair: Dr Adriana Orifici, Monash University
| Investigating bias based on class, race and disability in ChatGPT and other large language models: Is discrimination law in Australia equipped for the latest leap in AI? | Dr Angelo Capuano |
| AI is watching, but where is the law reform? Exploring the forgotten workplace surveillance laws | Danae Fleetwood |
| AI-driven hiring systems: The impact on equality rights in Australia | Dr Natalie Sheard |
1.00pm CONCURRENT SESSION - Wages and Precarious Work - BELLARINE ROOM
Wages and Precarious Work
Chair: Associate Professor Michael Rawling, University of Technology Sydney
| Implications of new international developments regarding living wages for Australia | Professor Shelley Marshall |
| Securing compliance with minimum legal working standards throughout contract networks (such as supply chains): The scope for strategic co-enforcement within public sector procurement supply chains by means of innovative regulatory intervention into contract network governance structures | Luigi Amoresano and Igor Nossar |
| Institutionalised wage theft in the meat industry through the PALM scheme |
Ema Moolchand |
1.00pm CONCURRENT SESSION - Improving Workplaces and Working Conditions - CERES ROOM
Improving Workplaces and Working Conditions
Chair: Kelly Thomas, Young Workers Centre
| Recognising artists as workers: Award and agreement making in the visual arts |
Imogen Beynon |
| Labour and social protection for temporary migrant workers: The need for further reform | Professor Marius Olivier |
| No blood – No job: Workers’ privacy and the collection of biometric data at work | Dr Lisa Heap |
2.30pm AFTERNOON TEA
2.45pm ALLA ANNUAL GENERAL MEETING (Association Members) - PENINSULA ROOM
Apologies can be recorded prior to the meeting via this link
The ALLA 2024 National Conference is supported by the Australian Government Department of Employment and Workplace Relations; the Victorian Government, through Business Events Victoria and the Melbourne Convention Bureau; Workplace Express; and The Federation Press.
