Melbourne School of Government - Research Publications

Permanent URI for this collection

Search Results

Now showing 1 - 10 of 12
  • Item
    Thumbnail Image
    The Future of Work and Labour Regulation After COVID-19
    Howe, J ; Healy, J ; Gahan, P (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.
  • Item
    Thumbnail Image
    Criminal Liability for "Wage Theft": A Regulatory Panacea?
    Hardy, T ; Howe, J ; Kennedy, M (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.
  • Item
    Thumbnail Image
    Submission to the Fair Work Act Review
    Howe, J ; Chapman, A ; Hardy, T (Centre for Employment and Labour Relations Law, Melbourne Law School, 2012)
  • Item
    Thumbnail Image
    Emerging Business Models and the Evolving Regulatory Response: Perspectives from Australia and Beyond
    Hardy, T ; Johnstone, R ; Howe, J (LexisNexis Australia, 2019)
    This Special Issue contains a selection of articles presented at a workshop, ‘Emerging Business Models and the Evolving Regulatory Response: Perspectives from Australia and Beyond’. This workshop brought together a group of scholars, policymakers and graduate students actively working on, or otherwise interested in, the broad themes of labour and employment regulation and enforcement. The workshop was held in July 2018, with the generous support of the Centre for Employment and Labour Relations Law at the University of Melbourne.
  • Item
    Thumbnail Image
    Trade Unions and the Enforcement of Minimum Employment Standards in Australia: Research Report
    Landau, I ; Cooney, S ; Hardy, T ; HOWE, J (Centre for Employment and Labour Relations Law, 2014-07-01)
  • Item
  • Item
    Thumbnail Image
    Business Responses to Fair Work Ombudsman Compliance Activities: Research Report
    HOWE, J ; Hardy, T (The Centre for Employment and Labour Relations Law, 2017)
  • Item
    Thumbnail Image
    Accountability and the Fair Work Ombudsman
    Hardy, T ; Howe, J (Thomson Reuters, 2011)
    The importance of accountability has long been sheeted home to the Office of the Fair Work Ombudsman (FWO), the federal statutory agency responsible for enforcement of minimum employment standards under the Fair Work Act 2009 (Cth). In the immediate aftermath of Work Choices, the activities of the regulator were mired in controversy. In particular, the agency’s involvement in a number of high profile and hotly contested cases led to accusations that one of its predecessor agencies, the Office of Workplace Services (OWS), was politically motivated and acting as the Howard Coalition Government’s “secret police”. In light of the agency’s rather harrowing experiences in the wake of Work Choices, it is not surprising that the FWO now places a heavy emphasis on the importance of independence, transparency and accountability. Drawing on an extended concept of accountability, this article will undertake a preliminary assessment of the various accountability mechanisms which currently apply to the FWO and question whether these checks are adequate to guard against the criticisms previously levelled at the organisation.
  • Item
    Thumbnail Image
    Less Energetic but More Enlightened? Exploring the Fair Work Ombudsman's Use of Litigation in Regulatory Enforcement
    Hardy, T ; Howe, J ; Cooney, S (The University of Sydney Law School, 2013)
    Since early 2006, the federal labour inspectorate, now known as the Fair Work Ombudsman ('FWO'), has been both active and innovative in promoting and enforcing employment standards. While various enforcement tools are available to the FWO, civil remedy litigation has been an especially visible aspect of the agency's compliance activities. This article surveys the litigation activities of the federal labour inspectorate from I July 2006 to 30 June 2012. We explore the extent to which litigation has fluctuated over the past six years; the types of contraventions that have been pursued; the characteristics of respondents; and any patterns in remedies and outcomes. We consider the extent to which the FWO's changing approach to litigation reflects influential approaches to regulatory enforcement, including responsive regulation and strategic enforcement. Our assessment of the data suggests that the FWO has made increasing use of civil remedy litigation and the deterrence effects of this intervention have been amplified through prominent use of media. While the agency has become bolder in its use of litigation by targeting a wider range of individuals and entities, there is still some room to seek alternative court sanctions in order to achieve greater deterrence and more sustainable compliance behaviour.
  • Item
    Thumbnail Image
    Too Soft or Too Severe? Enforceable Undertakings and the Regulatory Dilemma Facing the Fair Work Ombudsman
    Hardy, T ; Howe, J (Sage Publications, 2013)
    This article reports on the use of enforceable undertakings by the Australian employment standards enforcement agency, the Office of the Fair Work Ombudsman (FWO), and its predecessor, the Workplace Ombudsman. Enforceable undertakings are used by the FWO as an alternative enforcement tool to court litigation in relation to breaches of the Fair Work Act 2009 (Cth), which regulates wages, working hours and other minimum employment conditions. Proponents of enforceable undertakings argue that they deliver value to regulatory agencies as a responsive alternative to traditional, punitive enforcement action. On the other hand, critics have raised concerns about the accountability and effectiveness of this enforcement tool. The authors provide a critical analysis of the FWO’s use of enforceable undertakings, including consideration of the decision-making process, content, monitoring and enforcement of undertakings.