Melbourne Law School - Research Publications
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ItemWorking at the edges of legal protection: Equality law and youth work experience from a comparative perspective(Edward Elgar Publishing Ltd, 2021)
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ItemPensions and the Modern Workforce(Hart Publishing, 2020)Old age pensions play a fundamental role in ensuring adequacy of income for the elderly into old age. While pensions fulfil a key social and economic role, there is increasing concern that pension systems in developed countries are not sustainable in the face of demographic ageing and following poor investment returns during the financial crisis. Drawing on trends in pension law and policy in the UK and Australia, this chapter commences with a discussion of how we might conceive of pensions from a theoretical perspective (part II), and considers the emerging challenges to established pension systems from the changing nature of work and social and demographic shifts (part III). The chapter argues that existing pension systems are not yet able to accommodate the changing nature of work, and puts forward normative criteria for evaluating and developing more appropriate pension systems for the modern workforce (part IV). It then maps emerging trends in pension reform (part V), and considers the tensions that are playing out in trying to navigate these normative criteria. Part VI concludes.
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ItemUsing the Delphi Method to Advance Legal Reform: A New Method for Empirical Labour Law Research?(Hart Publishing, 2015)
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ItemNo Preview AvailableRe-Systematising Labour Law: Beyond Traditional Systems Theory and Reflexive Law?(Hart Publishing, 2019)Reflexive law has an enduring place in the theory of labour law, having featured prominently in the work of leading labour law scholars.[1] Grounded in systems theory, reflexive law offers a key means of moving beyond command and control regulation, to consider how law interacts with other social systems. Systems theory, as developed by Niklas Luhmann, argues that the world is composed of social subsystems, each of which is autopoietically closed but cognitively open. Law, in this view, is one social sub-system, with its own system of self-referential and self-constituting communication. One system cannot influence, control, or determine other systems: instead, systems might occasionally ‘irritate’ each other. Law therefore cannot control the economy, labour market or organisations: it can only irritate other social systems to effect change. For Luhmann, then, the focus is on self-referential communications within systems, rather than any input-output relation between them.
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ItemJudicial diversity and mandatory retirement: Obstacle or route to diversity?(Routledge - Taylor & Francis, 2017)A diverse judiciary is essential for a democratic society. While considerable attention has been paid to how judicial diversity can be promoted, most debate has been focused on judicial appointment processes, and the role of the Judicial Appointments Commission (JAC) in securing change. In recent decades, mandatory retirement ages have become a key mechanism for securing predictable turnover in the UK judiciary. The lack of academic discussion on retirement ages for the judiciary stands in stark contrast to the weight of scholarship on retirement ages in relation to other professions and areas of work. Judicial retirement ages were first introduced by the Judicial Pensions Act 1959, which imposed a retirement age of 75 for those appointed to the High Court and above. When considering the link between judicial diversity and retirement ages, it is also important to take judicial pension arrangements into account, as pensions may strongly influence judicial retirement behaviour.