Melbourne Law School - Research Publications
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ItemNo Preview AvailableRegulatory pluralism and the resolution of collective labour disputes in Southeast Asia(SAGE PUBLICATIONS INC, 2023-09)This paper proposes a new framework for the analysis of collective labour dispute resolution. It begins by explaining why dominant conceptual frameworks in IR and labour law scholarship are insufficient on their own to capture the plurality of regulatory sources that bear upon collective labour dispute resolution. The authors then draw on theoretical insights from regulatory studies on the presence and interaction of multiple regulatory orders, and socio-legal scholarship on dispute resolution, to propose a framework that enables the investigation of both the formal and informal aspects of labour dispute resolution and their interplay. This framework disaggregates data collection and analysis into five components: (i) actors; (ii) nature of dispute; (iii) arenas and processes; (iv) interactions; and (v) outcomes. The framework is particularly tailored to, and based on evidence from, Southeast Asia, but may also have wider application beyond this region.
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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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ItemSham arrangements and the use of labour hire in the building and construction industry: Discussion paper prepared by the Australian Building and Construction Commissioner(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2011)Submission by the Centre for Employment and Labour Relations Law to the Australian Building and Construction Commission Inquiry into Sham Contracting
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ItemSubmission by the Centre for Employment and Labour Relations Law to the Independent Inquiry into Insecure Work in Australia(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2012)Submission by the Centre for Employment and Labour Relations Law to the Independent Inquiry into Insecure Work in Australia
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ItemSubmission to the Fair Work Act Review(Centre for Employment and Labour Relations Law, Melbourne Law School, 2012)
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ItemResponse to the Draft Report of the Productivity Commission: Submission to the Productivity Commission Inquiry into the Workplace Relations Framework(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2015)Response to the Draft Report of the Productivity Commission Inquiry into the Workplace Relations Framework
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ItemSubmission to the Victorian Inquiry into the Labour Hire Industry and Insecure Work(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2015)Submission to the Victorian Inquiry into the Labour Hire Industry and Insecure Work
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ItemSubmission to Queensland Education, Employment and Small Business Committee: Inquiry into Wage Theft in Queensland(Centre for Employment and Labour Relations Law, Melbourne Law School & Melbourne School of Government, 2018)Submission to the Queensland Education, Employment and Small Business Committee Inquiry into Wage Theft in Queensland
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ItemEmerging Business Models and the Evolving Regulatory Response: Perspectives from Australia and Beyond(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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ItemTrade Unions and the Enforcement of Minimum Employment Standards in Australia: Research Report(Centre for Employment and Labour Relations Law, 2014-07-01)