“…Regulatory theory provides the framework for understanding how school cleaners’ labour standards are monitored and enforced through the combined mechanisms of labour law and government contracts. Many regulatory theorists advocate a responsive approach to the enforcement of regulation (Ayres and Braithwaite, 1992; Bluff and Johnstone, 2003; Cooney et al., 2006; Hardy, 2009; Howe, 2006b; Howe and Landau, 2009; Johnstone and Mitchell, 2004; Maconachie and Goodwin, 2010b). The responsive regulation model (Ayres and Braithwaite, 1992) is often perceived in pyramidal form.…”
Section: The Responsive Model Of Regulationmentioning
confidence: 99%
“…In practice, the enforcement pyramid for school cleaners’ labour standards looked more like the more limited representation in Figure 2. Figure 2.Actual responsive regulation enforcement pyramid for NSW school cleaning contracts. Source : Adapted from enforcement pyramids by Ayres and Braithwaite (1992: 39) and Freiberg (2010: 98) and from descriptions of penalties in Australian Law Reform Commission (2002), Freiberg (2010), Hardy and Howe (2009: 331–333) and Maconachie and Goodwin (2010b: 379) and results from case study of NSW school cleaners.…”
Section: Applying the Responsive Regulation Model To Labour Standards Regulationmentioning
confidence: 99%
“… Source : Adapted from enforcement pyramids by Ayres and Braithwaite (1992: 39) and Freiberg (2010: 98) and from descriptions of penalties in Australian Law Reform Commission (2002), Freiberg (2010), Hardy and Howe (2009: 331–333) and Maconachie and Goodwin (2010b: 379) and results from case study of NSW school cleaners.…”
Section: Applying the Responsive Regulation Model To Labour Standards Regulationmentioning
This article demonstrates that by contracting-out government services, the employment relationship has changed: workers' labour standards are now regulated through the combination of traditional labour law mechanisms and lesser understood contract law mechanisms. This has changed the regime of regulation and enforcement of labour standards for employees performing services that have been contracted out, in ways that deserve more attention. Evidence is drawn from a case study of New South Wales (NSW) government school cleaners, conducted between October 2010 and April 2011, which finds that cleaners' labour standards are regulated predominantly through commercial contracts for services. This is concerning because contracts are designed to facilitate commercial objectives such as competition and efficiency, and are poorly designed to protect labour standards. When used as a mechanism to enforce labour standards, contracts fail to meet the requirements of responsive regulation; contracts have limited enforcement tools and a weak credible threat of a 'big stick' style of punishment for infringements.
“…Regulatory theory provides the framework for understanding how school cleaners’ labour standards are monitored and enforced through the combined mechanisms of labour law and government contracts. Many regulatory theorists advocate a responsive approach to the enforcement of regulation (Ayres and Braithwaite, 1992; Bluff and Johnstone, 2003; Cooney et al., 2006; Hardy, 2009; Howe, 2006b; Howe and Landau, 2009; Johnstone and Mitchell, 2004; Maconachie and Goodwin, 2010b). The responsive regulation model (Ayres and Braithwaite, 1992) is often perceived in pyramidal form.…”
Section: The Responsive Model Of Regulationmentioning
confidence: 99%
“…In practice, the enforcement pyramid for school cleaners’ labour standards looked more like the more limited representation in Figure 2. Figure 2.Actual responsive regulation enforcement pyramid for NSW school cleaning contracts. Source : Adapted from enforcement pyramids by Ayres and Braithwaite (1992: 39) and Freiberg (2010: 98) and from descriptions of penalties in Australian Law Reform Commission (2002), Freiberg (2010), Hardy and Howe (2009: 331–333) and Maconachie and Goodwin (2010b: 379) and results from case study of NSW school cleaners.…”
Section: Applying the Responsive Regulation Model To Labour Standards Regulationmentioning
confidence: 99%
“… Source : Adapted from enforcement pyramids by Ayres and Braithwaite (1992: 39) and Freiberg (2010: 98) and from descriptions of penalties in Australian Law Reform Commission (2002), Freiberg (2010), Hardy and Howe (2009: 331–333) and Maconachie and Goodwin (2010b: 379) and results from case study of NSW school cleaners.…”
Section: Applying the Responsive Regulation Model To Labour Standards Regulationmentioning
This article demonstrates that by contracting-out government services, the employment relationship has changed: workers' labour standards are now regulated through the combination of traditional labour law mechanisms and lesser understood contract law mechanisms. This has changed the regime of regulation and enforcement of labour standards for employees performing services that have been contracted out, in ways that deserve more attention. Evidence is drawn from a case study of New South Wales (NSW) government school cleaners, conducted between October 2010 and April 2011, which finds that cleaners' labour standards are regulated predominantly through commercial contracts for services. This is concerning because contracts are designed to facilitate commercial objectives such as competition and efficiency, and are poorly designed to protect labour standards. When used as a mechanism to enforce labour standards, contracts fail to meet the requirements of responsive regulation; contracts have limited enforcement tools and a weak credible threat of a 'big stick' style of punishment for infringements.
The complex transition from convict to free labour influenced state intervention in the employment relationship, and initiated the first minimum labour standards in Australia in 1828. Since then, two principal sets of tensions have affected the enforcement of such standards: tensions between government and employers, and tensions between the major political parties over industrial and economic issues. This article argues that these tensions have resulted in a sustained legacy affecting minimum labour standards' enforcement in Australia. The article outlines broad historical developments and contexts of minimum labour standards' enforcement in Australia since 1828, with more contemporary exploration focusing specifically on enforcement practices and policies in the Australian federal industrial relations jurisdiction. Current enforcement practices are an outcome of this volatile history, and past influences remain strong.
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