The Novel Coronavirus 2019 (COVID-19) outbreak is already significantly impacting Australian workplaces. This free webinar will assist human resources, legal counsel, risk and senior executives to prepare to deal with existing and future challenges. Harmers Workplace Lawyers presenters: Michael Harmer, Chairman & Senior Team Leader, Madeleine Boyd, Senior Associate and Zeb Holmes, Solicitor, will cover: An introduction to the Coronavirus and its potential impact on Australian workplaces. Your rights and obligations as the operators of business. Rights and obligations of employees, contractors, customers and others coming into contact with your business. Developing a Risk Management Plan for your business. Change managing the introduction of your Risk Management Plan consistent with Australian workplace law. Practical steps, trips and traps. A brief case study. Questions – which will be discussed by our panel during the webinar.

1. Presented by Harmers Workplace Lawyers on behalf of
The Coronavirus and Australian Business
- Workplace Relations Issues
Monday 16 March 2020 (9.00am–10.30am AWST)
Monday 16 March 2020 (12.00pm–1.30pm AEDT)
The webinar will commence promptly at 12.30pm (AEDT)

2. PRESENTERS:
Zeb Holmes
Solicitor
zeb.holmes@harmers.com.au
Tel: +61 2 9267 4322
Madeleine Boyd
Senior Associate
madeleine.boyd@harmers.com.au
Tel: +61 2 9267 4322
Michael Harmer
Chairman & Senior Team Leader
Michael.harmer@harmers.com.au
Tel: +61 2 9267 4322

3. Agenda
1. An introduction to the Coronavirus and its potential impact on
Australian workplaces.
2. Your rights and obligations as the operators of business.
3. Rights and obligations of employees, contractors, customers and
others coming into contact with your business.
4. Developing a Risk Management Plan for your business.
5. Change managing the introduction of your Risk Management Plan
consistent with Australian workplace law.
6. Practical steps, trips and traps.
7. A brief case study.
8. Questions

4. L&E Global
https://knowledge.leglobal.org/coronavirus-in-a-flash-updates-special-
reports-and-advice-for-employers/
2 March 2020

5. Top 10 Questions on Coronavirus
1. How should employers handle international travel?
2. Who presents a risk in the workplace, even if they are asymptomatic?
3. Should employees with recent travel to China stay home?
4. What if an employee has a family member at home with COVID19?
5. Do employers have to pay employees who are away from work due to concerns of exposure?
6. What steps should employers require before allowing employees to return to work?
7. What communication steps should an employer take if an employee has contracted COVID-19?
8. What steps should an employer take if an employee or customer/client is confirmed to have
COVID-19 after being in our workplace?
9. Are there steps employers should take now to help reduce the spread of COVID-19 in the
workplace?
10. What pandemic planning steps should employers consider to be able to continue to operate
their business in the event of further potential community outbreaks?

6. Agenda
1. An introduction to the Coronavirus and its potential impact on
Australian workplaces.
2. Your rights and obligations as the operators of business.
3. Rights and obligations of employees, contractors, customers and
others coming into contact with your business.
4. Developing a Risk Management Plan for your business.
5. Change managing the introduction of your Risk Management Plan
consistent with Australian workplace law.
6. Practical steps, trips and traps.
7. A brief case study.
8. Questions

7. 1. An introduction to the Coronavirus and its
potential impact on Australian workplaces

8. 2. Your rights and obligations as the operators
of business

9. Coronavirus Rights &
Obligations
1. Work Health & Safety
Legislation
2. HR & EO Legislation
- exemptions 3. Workplace Relations
Legislation
- NES
- Awards
- EBAs
- Stand Downs
6. Privacy Obligations
5. Business Policy &
Procedure
4. Contract of Employment
- Reasonable Directions
- Express / implied terms

10. 3. Rights and obligations of employees,
contractors, customers and others coming
into contact with your business.

11. Coronavirus Rights &
Obligations
1. Work Health & Safety
Legislation
2. HR & EO Legislation
- exemptions 3. Workplace Relations
Legislation
- NES
- Awards
- EBAs
- Stand Downs
6. Privacy Obligations
5. Business Policy &
Procedure
4. Contract of Employment
- Reasonable Directions
- Express / implied terms

12. 4. Developing a Risk Management Plan for
your business:
- Prevention
- Reaction

13. 1. Corporate Commitment and Leadership
2. People Commitment and Business Culture
3. Allocation of Responsibility
4. Understanding Legal Obligations and Opportunities
5. Risk Identification, Analysis, Assessment and Prioritisation
6. Introduction of Risk Controls
7. Supervision, Training and Enforcement
8. Monitor and Review
Prevention
– Preventing the Spread of the Virus

14. 1. Specific Emergency Response Plans
2. Internal Reports
3. External Reports
4. Internal Investigation
5. External Investigation
6. Steps to Prevent Recurrence
7. Risk Transfer
8. Monitor and Review
Reaction
- Reacting to Certain Potential Impacts of the Virus

15. 5. Change managing the introduction of your
Risk Management Plan consistent with
Australian workplace law.

16. 1. Business Objectives
2. Proposed Change Action Plan
- Implementation Schedule
3. Change Management Principles
- The Fair Mutual Transition
4. Communications Strategy
5. Consultation
6. Proactive Utilisation of Rights and the Industrial Framework
Change Management

17. 6. Practical steps, trips and traps.

18. L&E Global
https://knowledge.leglobal.org/coronavirus-in-a-flash-updates-special-
reports-and-advice-for-employers/
2 March 2020

19. Top 10 Questions on Coronavirus
1. How should employers handle international travel?
2. Who presents a risk in the workplace, even if they are asymptomatic?
3. Should employees with recent travel to China stay home?
4. What if an employee has a family member at home with COVID19?
5. Do employers have to pay employees who are away from work due to concerns of exposure?
6. What steps should employers require before allowing employees to return to work?
7. What communication steps should an employer take if an employee has contracted COVID-19?
8. What steps should an employer take if an employee or customer/client is confirmed to have
COVID-19 after being in our workplace?
9. Are there steps employers should take now to help reduce the spread of COVID-19 in the
workplace?
10. What pandemic planning steps should employers consider to be able to continue to operate
their business in the event of further potential community outbreaks?

20. Question 1.
How should employers handle
international travel?

21. Business Related Travel
Best Practice
• cease all international business-related travel to prevent any risk of
exposure
Going Forward:
• restrict international business-related travel to high risk areas based
on ‘Smart Traveller Advice’
• have special measures in place such as:
- No travel for symptomatic employees
- Travel insurance
- Supply of equipment
- Action plan in the event of illness aboard

22. Personal Travel
Employers need to be informed about staff travel including:
1. Request an itinerary from staff.
2. Require staff to confirm where they have travelled before returning to
the workplace.
3. Require staff to remain away from the office for the incubation period
where they have travelled to high risk areas.
4. Allow staff to work from home where it is safe to do so.
5. Consult with employees about the incubation period and best way to
support them.

23. Question 2.
Who presents a risk in the workplace, even if
they are asymptomatic?

24. Risks in the Workplace
• All contacts, including contractors, clients and staff present a risk, and
owe a duty to mitigate that risk.
• Contacts who present the greatest risk:
a) Symptomatic;
b) Asymptomatic, and returning from an international coronavirus
hotspot;
c) Asymptomatic, and exposed to a local coronavirus cluster; and
d) Asymptomatic, and exposed to a confirmed case of coronavirus.
• Employers must continually monitor risks as health advice is released.

25. Question 3.
Should employees with recent
travel to China stay home?

26. Requiring Staff To Remain Home
• Employers need to consider overarching obligations of work health
and safety to other staff.
• Incubation period according to NSW Health is 2 weeks.
• When requiring staff to remain at home consider:
- Contractual rights;
- Award / Enterprise Agreements; and
- Common-law right to give a reasonable and lawful direction.

27. Question 4.
What if an employee has a family member at
home with COVID19?

28. Exposure to Family Member with
Coronavirus
• Definition of ‘Close Contact’ and risk of infection;
• Isolation procedures:
a) Exposure confirmed prior to return to work; and
b) Exposure confirmed after return to work.
• Case study – Clayton Utz.
• Importance of encouraging disclosure of symptoms and risk factors.

29. Question 5.
Do employers have to pay employees who are
away from work due to concerns of exposure?

30. Do You Have A Right To Stand
Down Without Pay
• Check the Award, Enterprise Agreement and any contractual
provisions.
• Consider section 524 of the Fair Work Act 2009 (Cth).
• What constitutes a reasonable and lawful direction in the
circumstances.

31. Question 6.
What steps should employers require before
allowing employees to return to work?

32. Return to work procedure
• Reminder of WHS duties and financial liabilities.
• Isolation procedures.
• Directions to provide information to mitigate health and safety risks.
• Requirement for medical certificate.
• Further clearances for confirmed cases of coronavirus.

33. Question 7.
What communication steps should an
employer take if an employee has contracted
COVID-19?

34. What do you Need
to Communicate?
• Staff need to be informed so that they are aware of any potential
exposure to the virus and can manage their own health
accordingly.
• Consider implications under section 7B(3) of the Privacy Act 1988
(Cth).

35. Question 8.
What steps should an employer take if an
employee or customer/client is confirmed to
have COVID-19 after being in our workplace?

36. Confirmed coronavirus
in the workplace
• Immediate isolation procedures.
• Beware risks of disability discrimination or breach of general
protections.
• Consider privacy vs WHS Duties.
• Communication to at-risk parties.
• Communication to Worksafe NSW.
• Comprehensive office clean.

37. Question 9.
Are there steps employers should take now to
help reduce the spread of COVID-19 in the
workplace?

38. What can you do to Reduce the Risk?
• Develop a Risk Management Strategy and train staff to ensure that:
• meetings to occur via teleconference or skype;
• staff to maintain personal hygiene by washing hands, avoid
touching face, safe practices when coughing or sneezing;
• when staff are unwell they do not attend the office; and
• time spent on public transport is reduced where possible.
• Develop a crisis plan if the situation worsens.
• Implement a policy whereby failure to comply with the above results in
disciplinary action and/or reduction in bonuses and incentives.

39. Question 10.
What pandemic planning steps should
employers consider to be able to continue to
operate their business in the event of further
potential community outbreaks?

40. Pandemic Planning
• Technological capacity to work from home.
• Business Continuity Plans.
• Consider behavior incentives.
• Seek legal advice regarding Contract/Enterprise Agreement to
clarify right to stand down employees.

41. 7. A brief case study..

42. 1. Corporate Commitment and Leadership
2. People Commitment and Business Culture
3. Allocation of Responsibility
4. Understanding Legal Obligations and Opportunities.
5. Risk Identification, Analysis, Assessment and Prioritisation
6. Introduction of Risk Controls
7. Supervision, Training and Enforcement
8. Monitor and Review
Prevention
– Preventing the Spread of the Virus

43. 1. Specific Emergency Response Plans
2. Internal Reports
3. External Reports
4. Internal Investigation
5. External Investigation
6. Steps to Prevent Recurrence
7. Risk Transfer
8. Monitor and Review
Reaction
- Reacting to Certain Potential Impacts of the Virus

44. 7. A brief case study..

45. Audience
Q & A

46. THANK YOU FOR ATTENDING TODAY!
If you need any assistance with managing coronavirus in your workplace, please contact:
Michael Harmer – michael.harmer@harmers.com.au
Madeleine Boyd – madeleine.boyd@harmers.com.au
Zeb Holmes – zeb.holmes@harmers.com.au
Telephone: +61 2 9267 4322
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