Melbourne Law School - Research Publications

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    Submission to the Western Australian Department of Mines, Industry Regulation and Safety: Inquiry into Wage Theft in Western Australia
    Hardy, T ; Kennedy, M (The Centre for Employment and Labour Relations Law, Melbourne Law School, 2019)
    Submission to the Western Australian Department of Mines, Industry Regulation and Safety Inquiry into Wage Theft in Western Australia
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    Industrial Relations Consultation: Improving Protections of Employees' Wages and Entitlements: Strengthening Penalties for Non-compliance: Submission
    Hardy, T (Centre for Employment and Labour Relations Law, Melbourne Law School, 2019)
    Submission to the Attorney-General Consultation on Industrial Relations, ‘Discussion Paper - Improving Protections of Employees’ Wages and Entitlements: Strengthening Penalties for Non-Compliance
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    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.
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    Literature Review on the Governance of Work
    Hardy, T ; Ariyawansa, S (International Labour Organisation, 2019)
    Regimes of governance: international, regional and national; or, private and public?  How can private and public governance best be combined so as to reinforce each other?  What new institutions and modes of governance might be needed?
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    Shifting Risk and Shirking Responsibility? The Challenge of Upholding Employment Standards Regulation within Franchise Networks
    Hardy, T (LexisNexis Australia, 2019)
    The challenge of upholding employment standards regulation within franchise networks was laid bare by the investigation into 7-Eleven. However, as the Migrant Workers’ Taskforce recently observed ‘7-Eleven is unlikely to be alone in being associated with significant wage exploitation of its franchisee employers.’1 This article seeks to unpack the apparent link between business format franchising and underpayment contraventions in the Australian context. It combines an examination of relevant case law from the past decade, with a review of other critical inquiries, investigations and research relating to specific brands and the franchising sector more generally. The final part of this article considers how, and to what extent, key provisions in the recent Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) may influence the ascription of risk and responsibility within the franchising relationship.