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29 - Labour Law

from VI - Social Ordering

Published online by Cambridge University Press:  04 August 2022

Peter Cane
Affiliation:
University of Cambridge
Lisa Ford
Affiliation:
University of New South Wales, Sydney
Mark McMillan
Affiliation:
RMIT University, Melbourne
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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

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Labour Law
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.029
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  • Labour Law
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.029
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Labour Law
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book: The Cambridge Legal History of Australia
  • Online publication: 04 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108633949.029
Available formats
×