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Each episode arms human resources, industrial relations and legal professionals with the latest industrial relations thinking. It’s delivered in a straight talking, engaging and entertaining format, generally in 15-20 minute episodes, that will suit listening/watching on your daily commute.

We will keep you up to date with legislative reform, the latest case law developments and perspectives on industrial relations issues playing out in workplaces across the country.

Episode 17: ‘Closing Loopholes’ IR reform – the passing of Bill #2 and what it means for your business

Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new definition of employment, changes to sham contracting prohibitions, new minimum conditions for non-employee road transport and digital labour platform workers, changes to casual employment, and the all-important new ‘right to disconnect’.

Episode 16: Splitting and passing of the ‘Closing Loopholes’ Bill and the Top 5 IR Predictions for 2024

In our last ‘festive season’ episode of Inside IR for 2023, Rohan Doyle is joined by partners Anthony Wood and Natalie Gaspar to recap the key developments in the industrial relations sphere for 2023 and look ahead to what is in store for 2024.

Natalie steps through the latest (and quite urgent) developments with the Closing Loopholes Bill, and Tony gazes into his crystal ball, and shares the results of our national survey on the top 5 IR predictions for 2024.

Episode 15: The ‘Closing Loopholes’ Bill - Part 3

In the third instalment of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle is joined by partner Aaron Anderson and executive counsel Matthew Cameron from HSF’s Brisbane office to explore the last of the seven big ticket items introduced by the Bill: being the new federal criminal offence for wage theft.

Aaron also steps through the various workplace health and safety changes proposed by the Bill, and provides a clear explanation about the scope of their application, who they are going to impact, and what organisations should be doing to prepare.

Episode 14: The ‘Closing Loopholes’ Bill - Part 2

In the second episode of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle, Anthony Wood and Lucy Boyd discuss four significant elements of the Bill, being: the new casual employee definition, the new definition for working out whether a worker is an employee or contractor, and the new workplace delegate rights.

Rohan, Anthony and Lucy explore the consequences of these proposed new laws, offering valuable insights for businesses on how best to prepare for their potential commencement.

 

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Episode 13: The ‘Closing Loopholes’ Bill - Part 1

The ‘Closing Loopholes’ Bill, tabled in the House of Representatives on 4 September 2023, proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. It is a continuation of one of the most significant industrial relations reform agendas in Australian history.

In the first episode of our Inside IR mini-series on the Bill, partners Rohan DoyleNicholas Ogilvie and Natalie Gaspar discuss some of the most significant changes in the Bill: being same job same pay, the new ‘unfair contracts’ jurisdiction of the FWC, and the new suite of minimum rights and conditions for non-employees in the gig economy and road transport distribution sectors. Rohan, Nick and Natalie explore the practical implications of these proposed new laws, and share some tips for businesses on how best to plan for them.

 

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Episode 12: Top 6 IR cases of H1 2023

Industrial relations gurus Sophie Beaman and Rohan Doyle break down the practical lessons for IR and HR practitioners from the top six IR cases handed down in the first half of 2023 – the cases you need to know, but might have missed.

Knowing the ins and outs of cases such as these enables practitioners to maximise the opportunities and reduce the threats presented by the Australian IR system. Tune in and hear Sophie and Rohan answer a range of interesting questions, such as:

  • How might an employer go about ending bargaining in circumstances where it can’t reach agreement on the appropriate wage increases?
  • How might employers go about reducing ambiguity and uncertainty in their enterprise agreement terms?
  • How relevant is inflation and the maintenance of real wages when the Fair Work Commission is arbitrating wage outcomes?
  • Can you ‘cool off’ industrial action whilst waiting for your intractable bargaining declaration to be heard?
  • What happens if an employer makes a mistake in the description it provides to its employees about their existing conditions, when explaining the impact of a proposed new enterprise agreement?

 

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Episode 11: Unlocking enterprise agreement approvals

In episode 11, we explore the changes to the EA approval process, including the intricacies of the pre-vote procedures and the crucial role played by the Fair Work Commission in assessing applications for approval of enterprise agreements. Our IR partners Rohan Doyle and Rachel Dawson share their insight into the changes, including the all-important test in determining whether employees have 'genuinely agreed' to enterprise agreements.

 

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Episode 10: Unravelling the IR landscape across five decades

In this episode Rohan Doyle speaks with industrial relations legend Russell Allen, a senior consultant in our Employment and Industrial Relations group and former partner. With a wealth of experience spanning 50 years at Herbert Smith Freehills, Russell shares with Rohan the changes we have seen in industrial relations over the last five decades, how the current IR landscape compares to that of the past, and what lessons can be applied to the new world of industrial relations post the Secure Jobs, Better Pay amendments.

 

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Episode 9: Bargaining preparation in the new world of IR

In this episode, partners Rohan Doyle and Tony Wood discuss bargaining dynamics arising from changes to union and employer leverage following the Secure Jobs, Better Pay reforms, and share practical suggestions for how employers should approach bargaining planning in this new world of IR.

Many employers will be focussed on securing enterprise agreements which minimise the potential perils of multi-employer bargaining or arbitration by the Fair Work Commission. How should employers prepare for these changes? What’s more important now? And what are some of the key preparatory steps that employers can take to enhance their bargaining outcomes? Rohan and Tony consider all of this and more in an enlightening conversation covering the priorities for pre-bargaining planning (how much and how long in advance is desirable?), the importance of securing employee trust and engagement, being ready for compulsory arbitration by the Commission, what unions do well and where employers can do better. This episode has lots of practical tips and insights, including for experienced IR practitioners.

 

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Episode 8: Intractable bargaining

In this episode, partners Rohan Doyle and Drew Pearson explore one of the most significant changes to enterprise bargaining in decades - the new intractable bargaining regime. Rohan and Drew reflect on how the regime will completely change the way employers approach enterprise bargaining, and discuss how the Fair Work Commission will go about arbitrating contested claims. They also share their tips on how employers can best prepare for bargaining under this new regime.

 

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Episode 7: The new world of multi-enterprise bargaining

In this episode we take a look at the new multi-enterprise bargaining regime and answer the big questions on Australian employers’ minds. Why is this one of the most significant changes to Australian industrial relations in decades? How will unions use it to force bigger and more equal salaries across industries? What are the risks that it presents to employers and unions? Why is (almost) every employer exposed? How can employers avoid being forced into the regime? And how should employers best prepare for its commencement in June 2023?

Rohan Doyle, and Nicholas Ogilvie share their insights on these important questions and draw out key strategies that employers should consider well ahead of commencement of the new world of multi-enterprise bargaining.

 

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Episode 6: Top 6 IR cases of 2022 (that you need to know, but might have missed)

In this episode we take a brief break from IR reform, and take a look at the top 6 IR cases of 2022 that IR and HR practitioners need to know, but might have missed. These decisions of the Fair Work Commission and the Federal Court will have significant implications for many employers. Rohan DoyleNatalie Gaspar and Brad Popple break down the detail and draw out the key practical points which IR practitioners should be across.

 

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Episode 5: Secure Jobs, Better Pay Act 2022

In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan DoyleNatalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.

 

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Episode 4: The enterprise agreement approval process

In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved.

Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This will be an area to watch, as it may also be impacted by the impending Secure Jobs, Better Pay reforms.

 

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Episode 3: Current trends in enterprise bargaining

In this episode we take a break from industrial relations reform and instead share insights on the enterprise bargaining environment in Australia. Rohan Doyle and Anthony Wood discuss what employers are currently seeing at the bargaining table, including some interesting statistics on what is quite a unique bargaining environment.

 

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Episode 2: Jobs & Skills Summit, Part 2 – Same Job, Same Pay, limits on non-permanent labour, and enterprise bargaining reform

In our second episode of Inside IR, partners Rohan Doyle and Natalie Gaspar continue their breakdown of the action items arising from the Federal Government’s Jobs and Skills Summit. We look at the proposed Same Job, Same Pay reforms, proposals to limit the use of non-permanent labour, and proposals to increase the proportion of employees covered by enterprise agreements. We also provide an update on the status of enterprise agreement terminations and multi-enterprise bargaining.

 

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Episode 1: Jobs & Skills Summit, Part 1 – Multi-employer bargaining and termination of enterprise agreements

In our very first episode of Inside IR, partners Rohan Doyle and Natalie Gaspar begin their deep dive into the Federal Government's recent Jobs & Skills Summit. We look at some of the key areas of focus coming out of the Summit, namely the proposal to limit the ability of employers to terminate enterprise agreements during enterprise bargaining, and the potential for forced multi-employer bargaining and sector-wide industrial action campaigns. Rohan and Nat explore the practical impact these potential reforms might have on Australian workplaces and the issues to consider during the post-Summit consultation phase.

 

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Australian industrial relations and workplace reform hub

Key contacts

Rohan Doyle photo

Rohan Doyle

Partner, Melbourne

Rohan Doyle
Natalie Gaspar photo

Natalie Gaspar

Partner, Melbourne

Natalie Gaspar
Anthony Wood photo

Anthony Wood

Partner, Melbourne

Anthony Wood
Drew Pearson photo

Drew Pearson

Managing Partner, Sydney

Drew Pearson
Anna Creegan photo

Anna Creegan

Partner, Perth

Anna Creegan
Wendy Fauvel photo

Wendy Fauvel

Partner, Brisbane

Wendy Fauvel
Russell Allen photo

Russell Allen

Consultant, Perth

Russell Allen
Olga Klimczak photo

Olga Klimczak

Partner, Perth

Olga Klimczak

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