- Melbourne Law School - Research Publications
Melbourne Law School - Research Publications
Permanent URI for this collection
2 results
Filters
Reset filtersSettings
Statistics
Citations
Search Results
Now showing
1 - 2 of 2
-
ItemTIME AND MONEY UNDER WORKCHOICES: UNDERSTANDING THE NEW WORKPLACE RELATIONS ACT AS A SCHEME OF REGULATIONCooney, S ; Howe, J ; Murray, J (UNIV NEW SOUTH WALES, FAC LAW, 2006)
-
ItemPartners in Enforcement? The New Balance between Government and Trade Union Enforcement of Employment Standards in AustraliaHardy, T ; HOWE, J (LexisNexis Butterworths, 2009)Historically, Australian trade unions played a significant role in the monitoring and enforcement of minimum employment standards, an important aspect of unions’ regulatory function under the conciliation and arbitration system. In contrast, federal government enforcement was historically under-resourced, a situation that was sometimes justified on the ground that unions and the government inspectorate were ‘partners in enforcement’. Under the Howard Coalition Government, legal support for trade unions’ enforcement functions was significantly undermined, while Work Choices heralded an unprecedented emphasis on federal government enforcement. The Fair Work Act 2009 (Cth) maintains this emphasis on government enforcement, to be undertaken by the Fair Work Ombudsman, and restores some of the protections for trade unions lost during the Howard years. However, the new emphasis on good faith enterprise bargaining and the continuation of restrictions on right of entry suggest that unions may become the junior partner in the new enforcement regime, making a more tripartite and collaborative approach to enforcement less viable.