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Enrolling Non-State Actors to Improve Compliance with Minimum Employment Standards

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  • Tess Hardy

Abstract

While the extent of employer non-compliance with minimum employment standards has yet to be decisively determined in Australia, there is evidence to suggest that it is both prevalent and persistent. This article draws on the scholarship emerging from the regulatory studies field to explore the underlying impulses and issues that may have led to this compliance gap. It considers how a more pluralistic and decentred understanding of regulation may improve compliance. This understanding is then applied to examine the various ways in which the federal labour inspectorate — the Fair Work Ombudsman — has sought to supplement and strengthen its existing compliance and enforcement mechanisms by harnessing or ‘enrolling’ non-state stakeholders, such as employer associations, trade unions, top-level firms and key individuals.

Suggested Citation

  • Tess Hardy, 2011. "Enrolling Non-State Actors to Improve Compliance with Minimum Employment Standards," The Economic and Labour Relations Review, , vol. 22(3), pages 117-140, November.
    • Handle: RePEc:sae:ecolab:v:22:y:2011:i:3:p:117-140
    DOI: 10.1177/103530461102200308
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    References listed on IDEAS

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    1. Hutter, Bridget M. & Jones, Clive J, 2007. "From government to governance: external influences on business risk management," LSE Research Online Documents on Economics 14845, London School of Economics and Political Science, LSE Library.
    2. Søren C. Winter & Peter J. May, 2001. "Motivation for Compliance with Environmental Regulations," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 20(4), pages 675-698.
    3. Parker,Christine, 2002. "The Open Corporation," Cambridge Books, Cambridge University Press, number 9780521818902.
    4. Janice Fine & Jennifer Gordon, 2010. "Strengthening Labor Standards Enforcement through Partnerships with Workers’ Organizations," Politics & Society, , vol. 38(4), pages 552-585, December.
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    Cited by:

    1. Matthew Amengual & Janice Fine, 2017. "Co‐enforcing Labor standards: the unique contributions of state and worker organizations in Argentina and the United States," Regulation & Governance, John Wiley & Sons, vol. 11(2), pages 129-142, June.
    2. Stephen Clibborn & Chris F Wright, 2018. "Employer theft of temporary migrant workers’ wages in Australia: Why has the state failed to act?," The Economic and Labour Relations Review, , vol. 29(2), pages 207-227, June.
    3. Bosch, Gerhard & Hüttenhoff, Frederic & Weinkopf, Claudia & Kocher, Eva & Fechner, Heiner, 2018. "Kontrolle und Durchsetzung von Mindestarbeitsbedingungen: Einhaltung von Mindestlohnansprüchen am Beispiel des Bauhauptgewerbes, der Fleischwirtschaft und des Gastgewerbes," Working Paper Forschungsförderung 095, Hans-Böckler-Stiftung, Düsseldorf.
    4. Maria Paula Escobar & David Demeritt, 2017. "Paperwork and the decoupling of audit and animal welfare: The challenges of materiality for better regulation," Environment and Planning C, , vol. 35(1), pages 169-190, February.
    5. Kate Minter, 2017. "Negotiating labour standards in the gig economy: Airtasker and Unions New South Wales," The Economic and Labour Relations Review, , vol. 28(3), pages 438-454, September.

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