WP 64 - Will the Rudd Federal Labor Government abolish key legal protections for certain exploited vulnerable workers?

Author/s (editor/s):

Rawling, Michael

Publication year:

2009

Publication type:

Working paper

Peer Reviewed Publications:

  • Rawling, Michael. (2009). “The Impact of Federal Legislation upon the Scope of State Jurisdictions to Regulate Outwork” 22 Australian Journal of Labour Law, 147-160.
  • Rawling, Michael. “A Generic Model of Regulating Supply Chain Outsourcing” in Arup et al, (eds) Labour Law and Labour Market Regulation (Federation Press, Sydney, 2006) 520-541(available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=982748).
  • Rawling, Michael. (2007). “The Regulation of Outwork and the Federal Takeover of Labour Law” 20 Australian Journal of Labour Law, 189-206. 

This paper examines the potential loss of legal protections for certain outworkers as a result of recently enacted (or foreshadowed) federal legislative provisions. The paper begins with an overview of existing legal protections under State and Territory laws for independent contractor outworkers labouring in industries outside the textile clothing and footwear sector - protections which survived the Howard government’s federal takeover of labour law. The paper then examines how the proposed further centralization of labour law under the Rudd federal Labor government may lead to the abolition of these existing legal protections. In particular, the paper focuses upon the threats posed by provisions of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) and the Fair Work Bill 2008 (Cth). The paper concludes by setting out the necessary steps to avoid the unjust obliteration of key legal protections for these exploited vulnerable workers.

Cite the publication as

Rawling, Michael, 2009, WP 64 - Will the Rudd Federal Labor Government abolish key legal protections for certain exploited vulnerable workers?, National Research Centre for OHS Regulation, Canberra

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