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dc.contributor.authorHardy, T
dc.contributor.authorHOWE, J
dc.date.available2014-05-22T00:26:11Z
dc.date.issued2009
dc.identifier.citationHardy, T. & HOWE, J. (2009). Partners in Enforcement? The New Balance between Government and Trade Union Enforcement of Employment Standards in Australia. Australian Journal of Labour Law, 22 (3), pp.306-336
dc.identifier.issn1030-7222
dc.identifier.urihttp://hdl.handle.net/11343/30154
dc.description.abstractHistorically, 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.
dc.publisherLexisNexis Butterworths
dc.subjectLaw
dc.titlePartners in Enforcement? The New Balance between Government and Trade Union Enforcement of Employment Standards in Australia
dc.typeJournal Article
melbourne.peerreviewPeer Reviewed
melbourne.affiliationThe University of Melbourne
melbourne.affiliation.departmentLaw
melbourne.source.titleAustralian Journal of Labour Law
melbourne.source.volume22
melbourne.source.issue3
melbourne.source.pages306-336
dc.description.pagestart306
melbourne.publicationid133867
melbourne.elementsid315664
melbourne.contributor.authorHardy, Tess
melbourne.contributor.authorHowe, John
melbourne.accessrightsOpen Access


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