Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets
Publication Date :
1 Jan 2006
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.