Melbourne Law School Centre for Employment
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Recent Staff Publications

Centre Members regularly publish their work in a number of forums, including academic journals and as opinion pieces in the public media. The Centre periodically produces Working Papers which provide in-depth analysis of particular issues and topics in labour law. Some Working Papers are listed below and a full list is included on the Working Papers page.

This page showcases publications by Centre Members during 2005-2006.

Book Chapters, Articles and Working Papers | Opinion Pieces | Contributions at Academic Conferences & Seminars



Book Chapters, Articles and Working Papers
Author Publication
Anna Chapman

Chapters
A Chapman, 'Work/Family, Australian Labour Law, and the Normative Worker' in Conaghan, J; Rittich, K (ed), Labour Law, Work, and Family (2005) 79-97.

T Carney, G Ramia and A Chapman, 'Which Law is Laggard? Regulation and the Gaps Between Labour Law and Social Security Law' in C Arup et al (ed), Labour Law and Labour Market Regulation (2006, Federation Press) 383-409.

A Chapman, 'Regulating Family through Employee Entitlements' in C Arup et al (ed), Labour Law and Labour Market Regulation (2006, Federation Press) 454-469.


Journal Articles - Refereed
A Chapman, 'Unfair Dismissal Law and Work Choices: From Safety Net Standard to Legal Privilege' (2006) 16 Economic and Labour Relations Review, 237-264.

A Chapman, 'Challenging the Constitution of the (White and Straight) Family in Work and Family Scholarship' (2005) 23 Law in Context, 65-87.

G Ramia, A Chapman and M Michelotti, 'How Well do Industrial Relations and Social Policy Interact? Labour Law and Social Security Law in the Social Protection of Sole Parents' (2005) 21 The International Journal of Comparative Labour Law and Industrial Relations, 249-279.

A Chapman and K Kelly, 'Australian Anti-Vilification Law: A Discussion of the Public/Private Divide and the Work Relations Context' (2005) 27 Sydney Law Review, 203-236.

Conference Publications
A. Chapman and M. Trabsky, '
Plenary Session 1: The Participation of Women in the Labour Market - Toward the Goal of Gender Equality in Employment in the 21st Century: National Report on Australia' (paper presented at The International Society for Labour and Social Security Law 8th Asian Regional Congress, Taipei, Taiwan, 31 October - 3 November 2005) 2-46.

Sean Cooney

'A Broader Role for the Commonwealth in Eradicating Foreign Sweatshops' (2004) Melbourne University Law Review 290-342.

S Cooney, 'Exclusionary Self-Regulation: A Critical Evaluation of the AMMA's Proposal in the Mining Industry' in Christopher Arup et al (ed), Labour Law and Labour Market Regulation (2006, Federation Press), 187-201.

S Cooney, 'Labour Market Regulation in Comparative Perspective' in S Acharya and C Brassard (eds), Asia Labour Market Regulation and De-Regulation in Asia, Academic Foundation, Singapore (2006).

S Cooney, 'Time and Money under Work Choices: Understanding the New Workplace Regulations Act as a Scheme of Regulation' (2006) 29 University of New South Wales Law Review 215-241.

S Cooney, 'Command and Control in the Workplace: Agreement-making under Work Choices' (2006) 16(2) Economic and Labour Relations Review 147-164.

Colin Fenwick

Journal Articles - Refereed
C Fenwick and I. Landau, 'Work Choices in International Perspective' (2006) 19 Australian Journal of Labour Law, 127-143.

C Fenwick, 'How Long Can You Go? Minimum Working Conditions Under Australia's New Labour Laws' (2006) 16 The Economic and Labour Relations Review, 85-126.

C Fenwick, 'Private Use of Prisoners' Labor: Paradoxes of International Human Rights Law' (2005) 27 Human Rights Quarterly, 249-293.

C Fenwick and E. Kalula, 'Law and Labour Market Regulation in East Asia and Southern Africa: Comparative Perspectives' (2005) 21 International Journal of Comparative Labour Law and Industrial Relations, 193-226.

Working Papers
C Fenwick, 'Workers' Human Rights in Australia', Centre for Employment and Labour Relations Law at the University of Melbourne (2006).

 

John Howe

Edited Books
C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets(Federation Press, 2006). 

Book Chapters
J Howe, '"Deregulation" of Labour Relations in Australia: Towards a More "Centred" Command and Control Model', in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships (Federation Press, 2006), pp 147-66.

J Howe, '"Money and Favours": Government Deployment of Wealth as an Instrument of Labour Regulation', in in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships (Federation Press, 2006), pp 167-86.

J Howe, R Johnstone and R Mitchell, 'Constituting and Regulating the Labour Market for Social and Economic Purposes', in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships (Federation Press, 2006), pp 307-21.

Articles
J Howe and I Landau, 'Using Public Procurement to Promote Better Labour Standards: A Case Study of the Victorian Government Schools Contract Cleaning Program' (Report, Centre for Employment and Labour Relations Law, March 2007).


S Cooney, J Howe and J Murray, 'Time and Money Under WorkChoices: Understanding the New Workplace Relations Act as a Scheme of Regulation' (2006) 29(1) UNSW Law Journal 215-41.

J Howe, 'Creating Decent Jobs: the Role of Regulation in Facilitating Transitions Between Employment and Unemployment in the Labour Market' (2006) 32(3) Australian Bulletin of Labour 295-314.

Jarrod Lenne 'Employee Share Ownership Schemes in Australia: A Survey of Key Issues and Themes' (with Richard Mitchell and Ian Ramsay), Corporate Governance and Workplace Partnerships Research Report, Centre for Corporate Law and Securities Regulation and Centre for Employment and Labour Relations Law, University of Melbourne (2005).
Shelley Marshall

'Hedging around the Question of the Relationship between Corporate Governance and Labour Regulation' (2005) Australian Journal of Labour Law 97-105. (Book Review)

S Marshall and R Mitchell, 'Enterprise Bargaining, Managerial Prerogative and the Protection of Workers' Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)' (2006) 22 The International Journal of Comparative Labour Law and Industrial Relations 299-331.

Richard Mitchell

'Shareholder Value and Employee Interests: Intersections between Corporate Governance, Corporate Law and Labour Law' (with Anthony O'Donnell and Ian Ramsay), Corporate Governance and Workplace Partnerships Research Report, Centre for Corporate Law and Securities Regulation and Centre for Employment and Labour Relations Law, University of Melbourne (2005).

'What's Going on with the "No-Disadvantage Test"? An Analysis of Outcomes and Processes under the Workplace Relations Act 1996 (Cth)' (with Rebecca Campbell, Andrew Barnes, Emma Bicknell, Kate Creighton, Joel Fetter and Samantha Korman), Working Paper No 33, Centre for Employment and Labour Relations Law, University of Melbourne (2005).

S Marshall and R Mitchell, 'Enterprise Bargaining, Managerial Prerogative and the Protection of Workers' Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)' (2006) 22 The International Journal of Comparative Labour Law and Industrial Relations 299-331.

J Howe, R Johnstone and R Mitchell, 'Constituting and Regulating the Labour Market for Social and Economic Purposes', in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships (Federation Press, 2006), pp 307-21.

Anthony O'Donnell 'Asset-Based Welfare: Do We Need It?' (2004) 32 Just Policy 40-43.

'The Way We Eat Now' (2004) 176 Overland 40-44.

'Non-Standard Workers in Australia: Counts and Controversies' (2004) 17 Australian Journal of Labour Law, Page 89
Glenn Patmore 'Transporting the European Social Partnership Model to Australia' (with Paul Gollan), Corporate Governance and Workplace Partnerships Research Report, Centre for Corporate Law and Securities Regulation and Centre for Employment and Labour Relations Law, University of Melbourne (2005).
Joo-Cheong Tham

'Public Funding and Expenditure Regulation of Australian Political Parties: Some Reflections' (with David Grove) (2005) Federal Law Review 397-424.

'Casualties of the Domestic War on Terror: A Review of Recent Counter-Terrorism Laws' (2005) Melbourne University Law Review 512-531.

J-C Tham and S Young, Political Finance in Australia: A Skewed and Secret System (2006), Democratic Audit of Australia Report No 7, 154.

J-C Tham, 'Job Security Laws Constituting 'Standard' and 'Non-Standard' Employment' in Christopher Arup et al (ed), Labour Law and Labour Market Regulation: Essays on the Construction and Regulation of Labour Markets and Work Relationships (2006), Federation Press, 657-676.



Opinion Pieces

'Goodbye to a decent life' by Joo-Cheong Tham. Published in The Age, 6 June 2006.

'Reality Bites for Bosses of Nothing' by Anthony O'Donnell. Published in The Age, 29 September 2005.

'Big Parties, Big Money' by Graeme Orr and Joo-Cheong Tham. Published in The Age, 25 July 2005.

'Public Relations One; Industrial Relations Nil' by Graeme Orr and Joo-Cheong Tham. Published in Australian Policy Online, 21 July 2005.

'Unfair Dismissal Laws Courting Trouble' by John Howe, Jill Murray and Anthony O'Donnell. Published in the Australian Financial Review, 15 June 2005.

'ASIO Could Become Our Secret Police' by Joo-Cheong Tham. Published in The Age, 7 June 2005.

'Deregulation - or Re-regulation?' by John Howe. Published in Uni News (Vol. 14, No 9), 30 May 2005.

'Donor Threshold Plan Over the Top' by Joo-Cheong Tham. Published in The Sydney Morning Herald, 30 May 2005.

'The Government Should Not Hinder Habib' by Joo-Cheong Tham. Published in Australian Policy Online, 17 February 2005.

'Habib's Right to Earn a Living' by Joo-Cheong Tham. Published in The Sydney Morning Herald, 9 February 2005.



Contributions at Academic Conferences & Seminars
Speaker Topic and Conference Seminar
Anna Chapman The Participation of Women in the Labour Market - Toward the Goal of Gender Equality in Employment in the 21st Century: Australia (with Marc Trabsky) - National Report, International Society for Labour and Social Security Law 8th Asian Regional Congress, 31 October - 3 November 2005, Taipei, Taiwan.

Regulating Family through Industrial Law, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, 2005.

Which Law is Laggard? Gaps between Labour Law and Social Security Law, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, 2005 (with Terry Carney and Gaby Ramia).
Sean Cooney The Impetus for Economic Restructuring and the Protection of Workers' Rights - General Reporter, International Society for Labour and Social Security Law 8th Asian Regional Congress, 31 October - 3 November 2005, Taipei, Taiwan.

A Study of Exclusory Self Regulation: The Mining Industry, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.

Regulating Offshore Sweatshops: What Can Be Done from Here?, paper delivered as an LLB guest speaker.  The University of Melbourne, 18 August 2005.
Colin Fenwick Australia's New Labour Laws: An International Legal Perspective, paper delivered to the Human Rights 2005: The Year in Review Conference, 2 December 2005, Castan Centre for Human Rights Law, Monash University Law School.
John Howe 'Deregulation' of Labour Relations in Australia: Toward Command and Control, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.

Economic Policy Instruments as a Technique for Regulating Labour Relations: Promoting Equality or Efficiency?, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, 2005.
Shelley Marshall Control and Governance Mechanisms in Varied Forms of Labour Contracts, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.
Richard Mitchell The Impact of Globalisation on Work Patterns and Labour Relations - Panellist, International Society for Labour and Social Security Law 8th Asian Regional Congress, November 2005, Taipei, Taiwan.

'Enterprise Bargaining, Managerial Prerogative and the Protection of Workers' Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)' (with Shelley Marshall), paper delivered at the International Society for Labour and Social Security Law, 8th Asian Regional Congress, Taipei, Taiwan, November 2005.

Labour Law and Labour Market Regulation: Beyond the Employment Relationship, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.

Regulating for Performance? Certified Agreements and the Diffusion of High Performance Work Practices, paper delivered to the Australian Labour Law Association, Second National Conference, Sydney, September 2004 (with D. Buttigieg, K. Creighton, J. Fetter, P. Gahan and T. Josev).

Employee Share Ownership Schemes in Australia (with J. Lenne and I. Ramsay).

Shareholder Value, Corporations Law and Labour Law: The Australian Experience (with A. O'Donnell and I. Ramsay).
Anthony O'Donnell Re-Inventing Unemployment: Welfare Reform as Labour Market Regulation, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.
Joo-Cheong Tham

Job Security Laws and a Model of Standard Employment, conference on Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century, University of Melbourne, July 2005.


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