Melbourne School of Government - Research Publications
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ItemThe Future of Work and Labour Regulation After COVID-19(LexisNexis Australia, 2021)The worldwide shock of the COVID-19 pandemic has recast debates about the future of work. A discussion previously dominated by automation and the rise of the gig economy rapidly expanded to encompass new, and newly important, concerns: remote work, the protection and recognition of ‘essential’ workers, wage subsidies for the unemployed and furloughed, and government’s broader responsibilities to maintain social cohesion and rebuild economic vitality. As the Australian economy commences a tentative recovery from the deep ravages of 2020, we cast our eye over recent developments in the labour market and working practices, in light of that earlier future of work discourse, to ask how much of it remains relevant and what new issues and concerns have come to light. We argue that the role of technological change has been subdued, but not extinguished, by the current crisis. We highlight two important domains — workplace surveillance and enforcement of minimum standards — where governments and labour regulators can seize on nascent technological possibilities to realise a more equitable future of work after COVID-19.
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ItemCriminal Liability for "Wage Theft": A Regulatory Panacea?(Monash University, 2021)In response to concerns over the growing problem of ‘wage theft’, the federal government, as well as various state governments, have committed to introducing criminal sanctions for underpayment contraventions. While policymakers and the public have largely assumed that criminal sanctions will address a perceived deterrence gap and promote employer compliance with basic employment standards, there has been far less scholarly appraisal of how this regulatory shift might shape enforcement decisions and affect compliance outcomes. Drawing on literature from criminology, as well as regulation and governance, this article evaluates a range of conceptual justifications put forward in support of criminalising certain forms of wage theft. It also considers key practical issues which may arise in a dual track system where both criminal and civil sanctions are available for the same or similar contraventions. This article concludes with some suggestions on how criminal offences might be framed in the federal system so as to optimise employer compliance and reduce regulatory tensions.
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ItemNo Preview AvailableMapping Wage Theft with Data Science( 2021)Wage theft is almost 'normal' in some industries, but hard to detect. Predictive algorithms can help regulators and give workers an edge.