- Melbourne Law School - Research Publications
Melbourne Law School - Research Publications
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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 CommissionerHowe, J ; Hardy, T (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 AustraliaHowe, J ; NEWMAN, A ; Hardy, T (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 ReviewHowe, J ; Chapman, A ; Hardy, T (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 FrameworkHowe, J ; Chapman, A ; Gaze, B ; Hardy, T ; Patmore, G ; Orifici, A ; Landau, I (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 WorkHowe, J ; Anderson, H ; Hardy, T ; TRANFAGLIA, MA (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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ItemTrade Unions and the Enforcement of Minimum Employment Standards in Australia: Research ReportLandau, I ; Cooney, S ; Hardy, T ; HOWE, J (Centre for Employment and Labour Relations Law, 2014-07-01)
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ItemThe Transformation of Enforcement of Minimum Employment Standards in Australia: A Review of the Fair Work Ombudsman's Activities from 2006-2012HOWE, J ; Hardy, T ; Cooney, S (Centre for Employment and Labour Relations Law, 2014-07-01)
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ItemMandate, Discretion, and Professionalisation in an Employment Standards Enforcement Agency: An Antipodean ExperienceHowe, J ; Hardy, T ; Cooney, S (Wiley - John Wiley & Sons, 2013)In recent years, there has been a resurgence of scholarly interest in the operation and effect of labour inspectorates around the world. This article aims to contribute to this mounting comparative and socio-legal literature by considering the emergence of an active and high-profile enforcement agency in Australia—the Fair Work Ombudsman (FWO). Drawing on the experiences of inspectors and senior managers at the FWO, we examine the structure and mandate of the agency, as well as the discretion afforded to, and the professionalisation of, individual inspectors. While some have sought to draw a distinction between a rule-bound, specialised approach characteristic of certain Anglo-American countries and the so-called Franco-Iberian model, which places a greater emphasis on flexibility and pragmatism, we found that the FWO does not necessarily fit neatly within this dichotomy. Rather, we observe that as the FWO is a new institution, its mode of operation is in the process of evolution. At present it is pluralistic, in the sense that it exhibits a hierarchical, procedural approach in a drive to address concerns of consistency and accountability, while at the same time allowing, and sometimes encouraging, individuals to be experimental and adaptive.
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ItemAccountability and the Fair Work OmbudsmanHardy, 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.
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ItemLess Energetic but More Enlightened? Exploring the Fair Work Ombudsman's Use of Litigation in Regulatory EnforcementHardy, 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.