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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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.
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.
National and Regional Patent Administration in Small to Medium-Sized States in the Global Economy. Patents and patent administration are key to the rules of the game in the knowledge economy. The study will analyse how a group of smaller national patent offices including Australia?s, are responding to the agenda of patent harmonization that is being led by the US, European and Japanese patent offices. What is the impact of this agenda on Australia's interests? Should Australia take the lead in ....National and Regional Patent Administration in Small to Medium-Sized States in the Global Economy. Patents and patent administration are key to the rules of the game in the knowledge economy. The study will analyse how a group of smaller national patent offices including Australia?s, are responding to the agenda of patent harmonization that is being led by the US, European and Japanese patent offices. What is the impact of this agenda on Australia's interests? Should Australia take the lead in pushing for a regional patent organization? Using sociolegal techniques, the study will answer these and other key questions facing Australian policy makers. The work of patent offices within APEC, ASEAN and the Pacific Island Forum (for example, NZ, Fiji, and China)will be the subject of in-depth fieldwork and analysis.Read moreRead less
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
Safeguarding the domestic tax base in a world without investment borders. Reform of Australia's tax rules applying to business investments abroad will ensure the continued protection of the domestic tax base while removing disincentives that discourage Australian enterprises from investing overseas and foreign enterprises from using Australia as a site for regional investment. Enabling more Australian firms to invest abroad and attracting foreign capital inflows by investors seeking to use Austr ....Safeguarding the domestic tax base in a world without investment borders. Reform of Australia's tax rules applying to business investments abroad will ensure the continued protection of the domestic tax base while removing disincentives that discourage Australian enterprises from investing overseas and foreign enterprises from using Australia as a site for regional investment. Enabling more Australian firms to invest abroad and attracting foreign capital inflows by investors seeking to use Australia as a politically stable platform for foreign investment will contribute to the restoration of a balance of payments equilibrium and strengthen the Australian economy vis-à-vis those of Australia's key regional trading partners.Read moreRead less