Labour Law and Labour Market Regulation

1. Auflage 2006
ISBN: 978-1-86287-611-8
Verlag: Federation Press

Buch, Englisch, 752 Seiten, Gewicht: 1258 g

The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber employees, and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of study Labour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating. The latest theoretical thinking and empirical findings are gathered together in four parts: the varying purposes of regulation; the different institutions and technologies of regulation; the active role regulation plays in constituting labour markets; and, the regulation of the processes by which employment rights and obligations are determined.Individual chapters contain studies of regulation within prescriptive government schemes, contract networks, specialist labour markets, the intersection between work and family, enterprise policies and practices, and the courts and tribunals. For academics, the book provides much material to enliven and diversify their courses. It advocates fresh intellectual approaches which take account of international scholarship and, while mindful of the latest legislative changes, it adopts a long-range, multi-locational and pluralist view of Australian labour law. For practitioners, the book provides insights into areas that are,as arbitration declines, becoming increasingly important to their clients' interests. The most recent legislation and jurisprudence is discussed in many chapters including discrimination, dismissals, health and safety, immigration, social security, franchise, volunteer and contract law.

Autoren/Hrsg.

Arup, Christopher

Gahan, Peter

Howe, John

Johnstone, Richard

Mitchell, Richard

O'Donnell, Anthony

Fachgebiete

• Wirtschaftswissenschaften Volkswirtschaftslehre Volkswirtschaftslehre Allgemein

Inhaltsverzeichnis

Contents Introduction Part One - Purposes of Labour Market Regulation Contextual Factors Shaping the Purpose of Labour Law: A Comparative Historical Perspective, Michael Quinlan Protectionism, Common Advocacy and Employer Interests: Business Contribution to Labour Market Regulation in Australia, Michael Barry, Marco Michelotti and Chris Nyland Regulating Bargaining and Contracting Systems in Australia, Margaret Lee Protecting and Promoting Small and Medium Enterprises: A Role for Labour Law in the New Labour Law Era? Karen Wheelwright A Regulatory Analysis of the Sex Discrimination Act 1984 (Cth): Can it Effect Equality or Only Redress Harm? Belinda Smith Part Two - Labour Market Institutions and Regulatory Techniques The Repertoires of Labour Market Regulation, Peter Gahan and Peter Brosnan “Deregulation†of Labour Relations in Australia: Towards a More “Centred†Command and Control Model, John Howe “Money and Favoursâ€: Government Deployment of Public Wealth as an Instrument of Labour Regulation, John Howe Exclusionary Self-Regulation: A Critical Evaluation of the AMMA’s Proposal in the Mining Industry, Sean Cooney Cross-Jurisdictional Regulation of Commercial Contracts for Work Beyond the Traditional Relationship, Igor Nossar Industrial Tribunals and the Regulation of Bargaining, Andrew Frazer Regulating Dismissals: The Impact of Unfair Dismissal Legislation on the Common Law Contract of Employment, Carolyn Sutherland Trade Unions as Regulators: Theoretical and Empirical Perspectives, Peter Gahan The Role of Employment Agencies in Structuring and Regulating Labour Markets, Elsa Underhill Part Three - Constituting the Labour Market Constituting and Regulating the Labour Market for Social and Economic Purposes, John Howe, Richard Johnstone and Richard Mitchell Immigration Control and the Shaping of Australia’s Labour Market: Conflicting Ideologies or Historical Imperatives? Mary Crock and Leah Friedman Re-Inventing Unemployment: Welfare Reform as Labour Market Regulation, Anthony O’Donnell Tax and the Regulatory Conception of Labour Law, Cameron Rider Which Law is Laggard? Regulation and the Gaps Between Labour Law and Social Security Law, Terry Carney, Gaby Ramia and Anna Chapman Reproducing Law’s Worker: Regulatory Tensions in the Pursuit of “Population, Participation and Productivityâ€, Rosemary Owens Regulating at the Work-Life Boundary: Towards Re-Integrating the Household into Labour Market Policy, K Lee Adams and Chris Geller Regulating Family through Employee Entitlements, Anna Chapman Negotiating Regulation: The State, the Professions and the Dilemma of Autonomy, Carla Lipsig-Mumme Constitutive Regulation of the Firm: Occupational Health and Safety, Dismissal, Discrimination and Sexual Harassment, Richard Johnstone and Nicky Jones Part Four - Labour Market Status, Forms of Engagement, and Rights and Obligations in Work Relationships Participation, Exchange, and Rights and Obligations in Labour Markets and Work Relationships, Anthony O’Donnell and Richard Mitchell A Generic Model of Regulating Supply Chain Outsourcing, Michael Rawling An Exploration of Control in the Context of Vertical Disintegration, Shelley Marshall Regulating Unequal Work Relationships for Fairness and Efficiency: A Study of Business Format Franchising, Joellen Riley Good Faith and Fair Dealing at Work, Andrew Stewart Regulating Collective Rights in Bargaining: Employees, Self-Employed Persons and Small Businesses, Shae McCrystal Regulating Occupational Health and Safety in a Changing Labour Market, Richard Johnstone The Regulation of Human Capital: Public Frameworks and Firm-Based Policies, Christopher Arup Job Security Laws: Constituting “Standard†and “Non-Standard†Employment, Joo-Cheong Tham Unauthorised Workers: Labouring Beneath the Law? Graeme Orr The Legal Regulation of Volunteer Work, Jill Murray Conclusion Labour Law and Labour Market Regulation: Current Varieties, New Possibilities, Christopher Arup Index