New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is t ....New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is therefore of crucial public importance. This project provides the first comprehensive scholarly empirical evaluation of the Workplace Ombudsman. Its findings will identify multiple ways in which enforcement practices can be improved, not only for the Workplace Ombudsman, but also for comparable compliance agencies domestically and overseas.Read moreRead less
Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little ....Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little research on undocumented workers on farms. Addressing this critical Australian and international knowledge gap, this project is the first study to comprehensively analyse the role of undocumented migrants in the horticulture industry from a multi-stakeholder approach, involving government, employers and workers.Read moreRead less
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
Discovery Early Career Researcher Award - Grant ID: DE180100279
Funder
Australian Research Council
Funding Amount
$354,205.00
Summary
Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulato ....Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulatory behaviour of key stakeholders. This will contribute to the development of a normative framework designed to inform enforcement strategy, policy-making and work quality within franchises.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200101396
Funder
Australian Research Council
Funding Amount
$422,689.00
Summary
Reducing modern slavery with new digital and enforcement technologies. Forced and bonded labour, as well as poverty wages, have been uncovered in Australia's meat and fashion industries and eight government inquiries since 2016 have identified inadequate enforcement tools as an impediment to effective regulation. This DECRA aims to assess whether and in what ways enforcement can be enhanced by adapting advances in digital technologies to the needs of labour regulators for their strategies to red ....Reducing modern slavery with new digital and enforcement technologies. Forced and bonded labour, as well as poverty wages, have been uncovered in Australia's meat and fashion industries and eight government inquiries since 2016 have identified inadequate enforcement tools as an impediment to effective regulation. This DECRA aims to assess whether and in what ways enforcement can be enhanced by adapting advances in digital technologies to the needs of labour regulators for their strategies to reduce modern slavery. This will be achieved by case studies of enforcement efforts in domestic meat processing and fashion supply chains, as well as studies of practical applications of digital technologies. The findings will identify new tools to aid detection of this largely hidden workforce and bolster enforcement. Read moreRead less
Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness ....Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness may result, as the offence effectively attracts a 'double' punishment; an offender's rehabilitative prospects are impeded; social and economic burdens ensue.
The project aims to develop comprehensive policy guidelines concerning the appropriate connection between criminal behaviour and employment status for courts, governments and employers.Read moreRead less
Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labou ....Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labour law. It will also enable Australian policy makers to participate in international policy reform debates facilitated through international institutions. In particular, it will enhance Australia's capacity to understand and contribute to the establishment of better legal systems in our region, enhancing important trading and strategic relationships.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE170100099
Funder
Australian Research Council
Funding Amount
$450,000.00
Summary
Comprehensive free access to Australian industrial and workplace law. This project aims to develop an ‘Australian Industrial and Workplace Relations Law Library’ on AustLII. The project will make relevant current law searchable in one location; digitise decisions contained in the major industrial law report series published since Federation; scan other key resources; add dynamic virtual databases; develop data mining tools to better recognise citation information in printed industrial law materi ....Comprehensive free access to Australian industrial and workplace law. This project aims to develop an ‘Australian Industrial and Workplace Relations Law Library’ on AustLII. The project will make relevant current law searchable in one location; digitise decisions contained in the major industrial law report series published since Federation; scan other key resources; add dynamic virtual databases; develop data mining tools to better recognise citation information in printed industrial law materials; and develop citation analysis, visualisation and other analytical tools for industrial and workplace law research. The project hopes to improve research in the field of Australian industrial and workforce relations system and the history and development of work in Australia, and inform policy and debate.Read moreRead less
Employee Share Ownership Plans: Current Practice and Regulatory Reform. National Priority Research Goal: Fostering and Innovative Culture and Economy.
Employee Share Ownership Plans (ESOPs) are important to the development of an economic culture of enterprise and innovation and the building of national wealth and savings in response to long-term demands of intergenerational equity. ESOPs require development through appropriate regulatory frameworks. This project will subject the existing reg ....Employee Share Ownership Plans: Current Practice and Regulatory Reform. National Priority Research Goal: Fostering and Innovative Culture and Economy.
Employee Share Ownership Plans (ESOPs) are important to the development of an economic culture of enterprise and innovation and the building of national wealth and savings in response to long-term demands of intergenerational equity. ESOPs require development through appropriate regulatory frameworks. This project will subject the existing regime of tax, corporate and labour law to technical and empirical scrutiny. This will enahnce the capacity of policy makers to evaluate and identify appropriate regulatory techniques to ensure the growth of efficiency of ESOPs at the national and enterprise level.
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Discovery Early Career Researcher Award - Grant ID: DE170100228
Funder
Australian Research Council
Funding Amount
$355,000.00
Summary
Addressing age discrimination in employment. This project aims to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project draws on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. Intended outcomes include a comprehensive empirical data ....Addressing age discrimination in employment. This project aims to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project draws on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. Intended outcomes include a comprehensive empirical dataset and a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.Read moreRead less