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The Evolving Project of Labour Law

The Evolving Project of Labour Law

Foundations, Development and Future Research Directions

Edited by John Howe, Anna Chapman and Ingrid Landau

CONTENTSREVIEWS

This collection draws together contributions from leading Australian and international labour law scholars, based on papers delivered at a conference to mark the 21st birthday of the Centre for Employment and Labour Relations Law at the University of Melbourne. Collectively, the contributions provide an account and exploration of labour law scholarship’s evolution over the last two decades, and its future trajectory. They explore a number of enduring and emerging themes in labour law, including:

  • The Foundations of Labour Law Scholarship
  • From Labour Law to Labour Market Regulation
  • Labour Law, Equality and Human Rights
  • Effectiveness and Enforcement in Labour Law
  • Sidestepping the Law Through Legal Structures
  • International and Comparative Labour Law Perspectives
  • The Future of Work and Labour Law

The book offers conclusions about the progress that labour law scholarship has made in facing fundamental changes in the organisation of capital, work and labour markets, as well as suggesting ideas for how labour law might continue to evolve to meet new challenges.


CONTENTS

Acknowledgments
About the Contributors
Table of Cases
Table of Statutes

The Evolving Project of Labour Law in Australia
          John Howe, Anna Chapman and Ingrid Landau

The Evolution of the Idea of a Labour Law Subject in Australian Legal Scholarship
         Richard Mitchell

PART ONE: FROM LABOUR LAW TO LABOUR MARKET REGULATION

Updating the Labour Market Regulation Perspective on Labour Law
         CJ Arup
When Was ‘Labour Law’?
         Anthony O’Donnell
A Different World: The Regulatory Project in Labour law
         John Howe

PART TWO: LABOUR LAW, EQUALITY AND HUMAN RIGHTS

Evaluating the Adverse Action Provisions of the Fair Work Act: Equality Thwarted?
         Beth Gaze, Anna Chapman and Adriana Orifici
At the Intersection of Education and Work: Young People, Equality and Regulation of the Labour Market
         Anne Hewitt, Rosemary Owens, Andrew Stewart and Joanna Howe
Normative Visions of Age: Progress and Change in Australian Labour Law
         Alysia Blackham

PART THREE: EFFECTIVENESS AND ENFORCEMENT IN LABOUR LAW

Regulating Health and Safety in 'Vertically Disintegrated' Work Arrangements: The Example of Supply Chains
         Richard Johnstone
Watch This Space: Mapping the Actors Involved in the Implementation of Labour Standards Regulation in Australia
         Tess Hardy
Researching Labour Law 'In Practice': Challenges in Assessing the Impact of Protected Industrial Action Ballot Procedures on Enterprise Bargaining Processes
         Catrina Denvir and Shae McCrystal

PART FOUR: SIDESTEPPING THE LAW THROUGH LEGAL STRUCTURES

Sidestepping Labour Law Through the Corporate Form
         Helen Anderson
‘Predatory Princes’, ‘Migration Merchants’ or ‘Agents of Development’? An Examination of the Legal Regulation of Labour Hire Migration Intermediaries
         Joanna Howe
Agency Work and its Regulatory Challenges: Lessons Learnt Through a Comparative Overview of Australian and Italian Approaches
         Maria Azzurra Tranfaglia

PART FIVE: INTERNATIONAL AND COMPARATIVE PERSPECTIVES

Understanding Australian Labour Law Discourse as International
         Jill Murray
Using a Historical Institutionalist Approach to Assess the Cambodian Better Factories Project
         Shelley Marshall
Trade Agreements and Australian Labour Law – Implications of the Death of the Trans-Pacific Partnership Agreement
         Joo-Cheong Tham and KD Ewing
Game Changer? Human Rights Due Diligence and Corporate Respect for Workers' Rights in a Global Economy
         Ingrid Landau

PART SIX: THE FUTURE OF WORK AND LABOUR LAW

Technology, the Digital Economy and the Challenge for Labour Market Regulation
         Peter Gahan, Joshua Healy and Daniel Nicholson

Index


REVIEWS

This collection of essays about
 the development of labour law's scholarship in Australia is a timely reminder that labour law and its scholarship are constantly changing and adapting to the labour market. At present, Australia's labour regulation is undergoing an acute period of change.
         The Fair Work Act 2009 (Cth)
 (the FW Act) just saw one of the
 most substantial amendments to its sections since its introduction in 2010 - the Fair Work (Protecting Vulnerable Workers) Act 2017
 (Cth). There are increasing calls for
 a complete overhaul of the FW Act, including by a past Vice-President of the Fair Work Commission, Graeme Watson. On 11 October 2017 the Federal Court of Australia upheld the Fair Work Commission's decision to reduce penalty rates as of 1 July 2017.
         Richard Johnstone's chapter on vertical disintegration of labour supply is a topical read following the recent introduction of franchisor and holding company liability for franchisee and subsidiary's breaches of the FW Act. Joanna Howe's chapter on migration intermediaries, or agents who charge for a migration outcome, is opportune given the Senate Education and Employment References Committee Report "A National Disgrace", 7-Eleven, Baiada and Harvester Inquiries conducted by the Fair Work Ombudsman in recent times.
         The Evolving Project of Labour Law neatly summarises the next "big" issues in labour market regulation. The essays are short, easily digestible and do not require a prior understanding of employment law. For those practitioners seeking to learn more about contemporary issues in labour law, this text should not be overlooked.

Kirsty Easdale, Ethos, ACT Law Society, December 2017

   

Published 1 May 2017
Publisher The Federation Press
Paperback/336pp
ISBN 9781760021313
Australian RRP $89.95
International Price $81.78
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Law - Industrial & Employment
Industrial Relations / EEO


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