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
Australian supply chain regulation: practical operation and regulatory effectiveness. This project uses empirical research to examine the practical operation and effectiveness of three innovative Australian regulatory models designed to improve working conditions in supply chains in the clothing, long-haul transport and cash-in-transit industries. The project will result in proposals for reform and improved working conditions.
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.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
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. 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
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
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
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.