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

Law

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

Edited by John Howe · Anna Chapman · Ingrid Landau
The Federation Press May 2017

Specifications

ISBN-13
9781760021313
Publisher
The Federation Press
Publication
May 2017
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

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.

Table of Contents

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
Shelley Marshall
Trade Agreements and Australian Labour Law – Implications of the Death of the Trans-Pacific Partnership Agreement
Joo-Cheong Tham and KD Ewing
Game Changer? Human Rights Due Diligence and Corporate Respect for Workers' Rights in a Global Economy
Ingrid Landau

PART SIX: THE FUTURE OF WORK AND LABOUR LAW
Technology, the Digital Economy and the Challenge for Labour Market Regulation
Peter Gahan, Joshua Healy and Daniel Nicholson

Index
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