Book contents
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- II Public Authority
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- 25 Criminal Law and the Administration of Justice in Early New South Wales and Van Diemen’s Land
- 26 Criminal Justice after the Convicts: A History of the Long Twentieth Century
- 27 Indigenous Peoples and Settler Criminal Law
- 28 Civil Wrongs
- 29 Labour Law
- 30 Place and Race in Australian Copyright Law: May Gibbs’s and Albert Namatjira’s Copyright
- VII Reckonings
- Index
29 - Labour Law
from VI - Social Ordering
Published online by Cambridge University Press: 04 August 2022
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- II Public Authority
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- 25 Criminal Law and the Administration of Justice in Early New South Wales and Van Diemen’s Land
- 26 Criminal Justice after the Convicts: A History of the Long Twentieth Century
- 27 Indigenous Peoples and Settler Criminal Law
- 28 Civil Wrongs
- 29 Labour Law
- 30 Place and Race in Australian Copyright Law: May Gibbs’s and Albert Namatjira’s Copyright
- VII Reckonings
- Index
Summary
This chapter recounts the history of labour law in Australia since colonisation. It identifies four key periods – the early convict period, the period of protective regulation; the compulsory arbitration and awards period, and the period of deregulation and the ‘gig’ economy. By taking in the earlier period of convict or penal labour, this framing departs from the conception of labour law as only emerging in the late nineteenth century with the contractual employment relationship. By taking it forward to the new economy of employment, the chapter follows labour law theorists seeking to expand and broaden the field to include all workers and their need for labour protections. Themes of freedom and unfreedom, trade union organisation, gender differentiation, race, immigration and Indigenous labour are threaded through as factors underlying the employment relationship and its changes over this long history. Characteristics of Australia’s system such as compulsory arbitration are shown as divergences in comparison with Britain and US
Keywords
- Type
- Chapter
- Information
- The Cambridge Legal History of Australia , pp. 671 - 692Publisher: Cambridge University PressPrint publication year: 2022