Melbourne Law School - Research Publications

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Out of the Shadows and into the Spotlight: The Sweeping Evolution of Employment Standards Enforcement in Australia

Hardy, T ; Howe, J ; Vosko, L (University of Toronto Press, 2020)

This chapter considers some of the compliance and enforcement challenges presented by employment standards regulation in Australia and the way in which the FWO has sought to respond to the problem of employer non-compliance with workplace laws. We begin by surveying the broader historical, legal, and political processes through which domestic employment regulation and enforcement has emerged and continues to evolve in Australia. As part of this overview, we touch on a number of key developments, including the recent passage of statutory reforms designed to better protect vulnerable workers (Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth)). We then turn to the internal administration of the agency, including the FWO’s attempts to move away from an individualized, complaints-oriented approach towards a more “responsive” and “strategic” enforcement model.