Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Flexibility for working parents in the 'hybrid' fair work system. The Fair Work Act (2009) establishes a novel 'hybrid' system of workplace regulation encompassing individual rights and processes and a new collective bargaining regime. This project investigates how the new framework can be utilised to establish flexible working arrangements for the benefit of families, employers and society.
Partnerships at Work: The Interaction Between Employment Systems, Corporate Governance and Ownership Structure. This project examines the interaction of key factors seen to be of paramount importance in the creation and sustainability of 'Partnerships at Work'. These include particular employment systems, forms of corporate governance and ownership structures of enterprises. The circumstances in which partnership models arise, the pressures faced in maintaining them, and the role of the regulato ....Partnerships at Work: The Interaction Between Employment Systems, Corporate Governance and Ownership Structure. This project examines the interaction of key factors seen to be of paramount importance in the creation and sustainability of 'Partnerships at Work'. These include particular employment systems, forms of corporate governance and ownership structures of enterprises. The circumstances in which partnership models arise, the pressures faced in maintaining them, and the role of the regulatory environment will be examined through case studies and the construction of a database. It involves collaboration between senior scholars in corporate law and labour law. The project will enhance the capacity of governments, enterprises and stakeholders to review employment practices, governance structures and regulatory models.Read moreRead less
From margins to mainstream: gender equality and employment regulation. Progress towards gender equality in employment has stalled, despite anti-discrimination laws. This investigation of alternative regulatory strategies will build Australian expertise and contribute to knowledge about the relationships between gender equality and employment regulation, generating policy options for employment and human rights bodies.
Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insigh ....Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insights on securing compliance with the employment law in China, benefiting Australian foreign policy makers, traders, investors and overseas development organisations. It will facilitate collaborative work between China and Australia on strengthening the regulatory capacity of Chinese institutions. Read moreRead less
Precariousness in law and labour markets: the case of temporary migrant workers. This project examines the situation of temporary migrant workers in Australia, focusing on the nature and extent of their precariousness both in law and in labour market practice. It offers a major contribution to current research and policy debates on the implications of temporary migrant labour.
Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are res ....Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are resolved for Australia's benefit. Through the development of a comprehensive and integrated framework for deciding on resort to litigation, this project will enhance Australia's relationships with neighbouring states and allies through successful use of dispute settlement techniques in relation to issues of economic, social and security importance to Australia.Read moreRead less
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal e ....Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region. Read moreRead less
The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new ....The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new possibilities for the evolution of sovereignty, first by suggesting necessary changes to existing legal and political institutions, and secondly by offering practical policy recommendations for states.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140101253
Funder
Australian Research Council
Funding Amount
$392,360.00
Summary
The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and memb ....The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and members of civil society in Libya, Palestine and Syria, this research will provide a rich account of the nature of the emerging Arab state and how it is shaped by international law and notions of individual criminal responsibility.Read moreRead less