- CPD Points: 0.75 [PS] [SL]
- Price: $89.00
- Area: Industrial Relations; Litigation; Workplace Relations
- Delivered: August 2025
Digital Content
- Recording
- PDF of slides
To purchase login below
Description
This session is delivered into the 2025 Employment Law Conference by Nicola Luttrell, associate Director, Edge Legal, and Henry Pill, Principal Solicitor, Hall Payne Lawyers.
Session Outline
- Case studies and case law roundup of flexible working arrangements/Termination for contraventions of drug and alcohol policies.
- A case study and an overview of recent case law will be used to explore the current state of the law in two areas with recent changes: a) Legislative and case law developments in relation to the application of flexible working arrangements create new challenges for employees and employers negotiating requests for flexible work arrangements; and b) case law developments in unfair dismissal claims involving breaches of drug and alcohol policies and how the Fair Work Commission is applying section 387 factors.
Key Takeaways
An overview of the legislative scheme, including: The criteria for requesting flexible working arrangements and the attitude taken by the Commission in relation to disputes in this area; and current approaches by the Fair Work Commission to dismissals for drug and alcohol breaches
Cases considered in Current Key Case Law Round Up:
– Ambulance Victoria v Fyfe [2023] FWCFB 104
– Collins v Intersystems Australia Pty Ltd [2025] FWC 1976
– Louise v Metcash [2025] FWC 2090
– Metropolitan Fire and Emergency Services Board [2019] FWC 106
– Naden v Catholic Schools [2025] FWCFB 82
– Police Federation of Australia (Victoria Police Branch) (t/a The Police Association of Victoria) v Victoria Police [2018] FWC 5695
– Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516
– Witherden v DP World Sydney Limited [2025] FWC 294
- CPD Points: 0.75 [PS] [SL]
- Price: $89.00
- Area: Industrial Relations; Litigation; Workplace Relations
- Delivered: August 2025
Digital Content
- Recording
- PDF of slides
To purchase login below
Description
This session is delivered into the 2025 Employment Law Conference by Nicola Luttrell, associate Director, Edge Legal, and Henry Pill, Principal Solicitor, Hall Payne Lawyers.
Session Outline
- Case studies and case law roundup of flexible working arrangements/Termination for contraventions of drug and alcohol policies.
- A case study and an overview of recent case law will be used to explore the current state of the law in two areas with recent changes: a) Legislative and case law developments in relation to the application of flexible working arrangements create new challenges for employees and employers negotiating requests for flexible work arrangements; and b) case law developments in unfair dismissal claims involving breaches of drug and alcohol policies and how the Fair Work Commission is applying section 387 factors.
Key Takeaways
An overview of the legislative scheme, including: The criteria for requesting flexible working arrangements and the attitude taken by the Commission in relation to disputes in this area; and current approaches by the Fair Work Commission to dismissals for drug and alcohol breaches
Cases considered in Current Key Case Law Round Up:
– Ambulance Victoria v Fyfe [2023] FWCFB 104
– Collins v Intersystems Australia Pty Ltd [2025] FWC 1976
– Louise v Metcash [2025] FWC 2090
– Metropolitan Fire and Emergency Services Board [2019] FWC 106
– Naden v Catholic Schools [2025] FWCFB 82
– Police Federation of Australia (Victoria Police Branch) (t/a The Police Association of Victoria) v Victoria Police [2018] FWC 5695
– Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516
– Witherden v DP World Sydney Limited [2025] FWC 294
Nicola Luttrell, Associate Director, Edge Legal
About the Presenter:
Ms Luttrell is an experienced employment lawyer who partners with senior management and HR to manage complex workplace issues. She specialises in resolving disputes, managing executive-level performance, conduct and capacity matters, and conducting impartial, trauma-informed workplace investigations into cultural, conflict, and serious allegations. Her expertise includes advising on employee entitlements, restructures, and complex transfer-of-business issues, including in mergers. Nicola has significant experience defending unfair dismissal, general protections, industrial disputes, and discrimination and sexual harassment claims across multiple jurisdictions, and has appeared in the Fair Work Commission and discrimination forums. She also delivers practical, experience-based training to HR teams. Known for her proactive and pragmatic approach, Nicola focuses on resolving matters efficiently, reducing disputes, and maintaining respectful workplace relationships.
Henry Pill, Principal Solicitor, Hall Payne Lawyers
About the Presenter:
Mr Pill is based in Hall Payne’s Hobart office, practicing in employment and industrial law. After graduating from the UTAS, Henry worked as a union organiser for the Liquor Hospitality and Miscellaneous Workers’ Union (now United Voice) before being admitted to the Supreme Court of Tasmania in 2010. After admission, Henry commenced practise as a generalist solicitor in a community legal service, representing clients in a range of areas including employment, administrative and criminal law. During this period Henry came to appreciate the importance of access to legal service for ordinary people, particularly in matters against large entities such as corporations and governments. Following this, Henry worked as an adviser to the Premier of Tasmania before commencing in private practice as an industrial and criminal lawyer in Tasmania and Victoria. He has previously served as a director of the Tasmanian Refugee Legal Service. Henry is a member of the Law Society of Tasmania and a former State President of the Australian Lawyers Alliance. In his spare time, Henry volunteers at the Hobart Community Legal Service.
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About the Presenter: