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.
Prospects for quality work and gender equality in frontline care work. Despite policy concerns about unmet demand for paid care, frontline care workers generally have poorer conditions than workers in other feminised sectors. This project will investigate the regulatory options to improve the quality of care work to build Australian expertise and knowledge about the links between job quality and quality of care services.
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.
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
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
'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
Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burd ....Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burden of compensating unpaid employee entitlements is carried by the taxpayer through the General Employment Entitlements and Redundancy Scheme. Director liability provisions which make placing failing companies into voluntary administration an attractive option could relieve that burden. 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
How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. T ....How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. The project's findings will inform the ongoing and divisive debates between the court, the media and consumers about the justice of such distributions in Australia, providing a basis for design of laws that better meet the needs of the diverse range of Australian families. Read moreRead less
The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, compari ....The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, comparisons will be effected with New Zealand, Canada and the United Kingdom which evince similar trends. The study is expected to remedy a lacuna in knowledge and to inform higher education policy.Read moreRead less