The Evolving Project of Labour Law: Foundations, Development and Future Research Directions

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The Evolving Project of Labour Law: Foundations, Development and Future Research Directions

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This collection draws together contributions from leading Australian and international labour law scholars, based on papers delivered at a conference to mark the 21st birthday of the Centre for Employment and Labour Relations Law at the University of Melbourne. Collectively, the contributions provide an account and exploration of labour law scholarship’s evolution over the last two decades, and its future trajectory. They explore a number of enduring and emerging themes in labour law, including:

The Foundations of Labour Law Scholarship
From Labour Law to Labour Market Regulation
Labour Law, Equality and Human Rights
Effectiveness and Enforcement in Labour Law
Sidestepping the Law Through Legal Structures
International and Comparative Labour Law Perspectives
The Future of Work and Labour Law

The book offers conclusions about the progress that labour law scholarship has made in facing fundamental changes in the organisation of capital, work and labour markets, as well as suggesting ideas for how labour law might continue to evolve to meet new challenges.

Acknowledgments

About the Contributors

Table of Cases

Table of Statutes

The Evolving Project of Labour Law in Australia

John Howe, Anna Chapman and Ingrid Landau

The Evolution of the Idea of a Labour Law Subject in Australian Legal Scholarship

Richard Mitchell

PART ONE: FROM LABOUR LAW TO LABOUR MARKET REGULATION

Updating the Labour Market Regulation Perspective on Labour Law

CJ Arup

When Was ‘Labour Law’?

Anthony O’Donnell

A Different World: The Regulatory Project in Labour law

John Howe

PART TWO: LABOUR LAW, EQUALITY AND HUMAN RIGHTS

Evaluating the Adverse Action Provisions of the Fair Work Act: Equality Thwarted?

Beth Gaze, Anna Chapman and Adriana Orifici

At the Intersection of Education and Work: Young People, Equality and Regulation of the Labour Market

Anne Hewitt, Rosemary Owens, Andrew Stewart and Joanna Howe

Normative Visions of Age: Progress and Change in Australian Labour Law

Alysia Blackham

PART THREE: EFFECTIVENESS AND ENFORCEMENT IN LABOUR LAW

Regulating Health and Safety in 'Vertically Disintegrated' Work Arrangements: The Example of Supply Chains

Richard Johnstone

Watch This Space: Mapping the Actors Involved in the Implementation of Labour Standards Regulation in Australia

Tess Hardy

Researching Labour Law 'In Practice': Challenges in Assessing the Impact of Protected Industrial Action Ballot Procedures on Enterprise Bargaining Processes

Catrina Denvir and Shae McCrystal

PART FOUR: SIDESTEPPING THE LAW THROUGH LEGAL STRUCTURES

Sidestepping Labour Law Through the Corporate Form

Helen Anderson

‘Predatory Princes’, ‘Migration Merchants’ or ‘Agents of Development’? An Examination of the Legal Regulation of Labour Hire Migration Intermediaries

Joanna Howe

Agency Work and its Regulatory Challenges: Lessons Learnt Through a Comparative Overview of Australian and Italian Approaches

Maria Azzurra Tranfaglia

PART FIVE: INTERNATIONAL AND COMPARATIVE PERSPECTIVES

Understanding Australian Labour Law Discourse as International

Jill Murray

Using a Historical Institutionalist Approach to Assess the Cambodian Better Factories Project