Centre for Employment and Labour Relations Law Melbourne Law School

ANNUAL REPORT 2019 Centre for Employment and Labour Relations Law Melbourne Law School The University of Melbourne Annual Report January–December 2019

Enquiries concerning the Centre’s activities and publications may be directed to: Kaori Kano, Centre Administrator

Centre for Employment and Labour Relations Law Melbourne Law School The University of Melbourne, Victoria 3010

Phone: (03) 8344 8924 Email: [email protected] Web: law.unimelb.edu.au/centres/celrl Twitter: @CELRL_Melbourne

Report prepared and edited by Anna Chapman, Tess Hardy, John Howe and Kaori Kano of the Centre for Employment and Labour Relations Law © Centre for Employment and Labour Relations Law 2020 All images are copyright of the Centre for Employment and Labour Relations Law and the University of Melbourne. Printed in Australia CONTENTS

FOREWORD 2

OBJECTIVES OF THE CENTRE FOR EMPLOYMENT AND LABOUR RELATIONS LAW 4

THE CENTRE: PEOPLE AND RELATIONSHIPS

CO-DIRECTORS 5

MEMBERS 6

ASSOCIATES 12

THE ADVISORY BOARD 13

CENTRE SPONSORS 14

VISITORS 15

RESEARCH 16

TEACHING AND LEARNING 20

KNOWLEDGE TRANSFER AND COMMUNITY ENGAGEMENT 21

CONFERENCE AND SEMINAR PAPERS 28

PUBLICATIONS 30

SUMMARY OF CENTRE GENERAL ACCOUNT 2019 32 FOREWORD

It was another busy year for the Centre in 2019. We commenced Good progress was made on all Centre research projects the year with a new Chair of our Advisory Board. In late 2018 over 2019, with numerous papers written and presentations the Centre welcomed Justice Mordy Bromberg (of the Federal delivered to a wide range of audiences. Highlights include the Court) as the incoming Chair. This followed the retirement of publication of Alysia Blackham’s monograph on empirical Justice Tony North, who had generously served as Chair of the research and workplace discrimination law, as well as three Advisory Board since 2010. collections co-edited by Centre members. The publications section of this annual report lists publications, as well as In terms of personnel changes, Anna Chapman was promoted conference papers and other outputs. to the level of Professor in the Melbourne Law School, effective from January 2019, in recognition of her research, engagement A number of seminars were held across the year, on a range and contribution to the field of labour law, as well as service to of topics including the intersections of privacy regulation and the University. Tess Hardy was on parental leave during 2019. labour law, automation and labour protection, modern slavery, At the end of 2019 Anna resigned as a Co-Director of the Centre, and zero-hour contracts. The year saw the Centre host a number after a number of years in the role. Anna continues as a Centre of major events. These included a seminar and panel discussion member. In 2020, John Howe has come back into the role as Co- on the cash economy, a symposium on the Fair Work Act (at its Director, with Tess Hardy. 10 year anniversary), the Australian Equality Law Forum, and a symposium on democracy, labour law and the role of trade Helen Anderson retired from the University at the end of 2019. unions, that was held on the occasion of the centenary of the Helen joined the Melbourne Law School in 2010, after 21 years at International Labour Organisation. Further details of these Monash University. Helen’s abiding research interest has been in events are included in this annual report. the fair treatment of vulnerable parties, especially in the context of corporate insolvency. She has been the recipient of several The Centre continued to coordinate a strong teaching program grants from the Australian Research Council for her research in both the Juris Doctor (JD) degree, and the Melbourne Law on improving the recovery rights of employees in corporate Masters (MLM) program. In the JD program, students have a insolvency and investigating ways to better regulate fraudulent choice of a number of subjects relevant to the field. In addition phoenix activity. Helen has made a substantial contribution to ‘Employment Law’ (which provides a thematic overview to her field, as well as the life of the Law School and Centre of the field), students are able to study (every second year) over the past nine years. Her collegiality and wisdom is greatly ‘Equality and Discrimination Law’ (which focuses on anti- missed. discrimination law in Australia). JD students are also provided with the opportunity to undertake an internship with a range of Andrew Newman successfully completed his PhD in 2019. organisations, such as the Fair Work Commission and JobWatch Andrew’s dissertation, supervised by John Howe and Anna (as part of the subject ‘Legal Internship’). Chapman, examined the legal precariousness of temporary migrant agricultural workers in Canada and Australia. The employment and labour relations law specialisation in the Two new PhD candidates commenced in the Centre at the MLM program offers eight integrated subjects. These subjects beginning of the year, joining our cohort of PhD students. Liam can be taken by students towards the Graduate Diploma Elphick’s project examines the role of tortious principles in in Employment and Labour Relations Law, the Master of the development of discrimination law, and Morgan Nyland Employment and Labour Relations Law, and the general Master is examining human rights charters in the context of the of Law. Students come into the MLM program with a range of employment relationship. These projects are described in backgrounds, including in private legal practice, as well as more detail in the pages of this annual report. The Centre was human resource management and industrial associations. delighted to be able to offer both Liam and Morgan a CELRL PhD scholarship, to assist them in their PhD studies.

2 Centre for Employment and Labour Relations Law Melbourne Law School The publication of the annual report provides an opportunity to make special acknowledgement of the important contributions made to the Centre and its work by the legal practices and organisations that are Centre Sponsors. Our thanks must also be extended to the Centre academic associates, teaching associates, and members of the Advisory Board.

We are pleased to note that all the Centre Sponsors renewed their sponsorship of the Centre in 2019. In addition to the Sponsors’ financial contributions, members of these practices frequently participate in the Centre’s research and teaching programs, as well as attending (and in some cases presenting at) the Sponsors’ Seminar Series. The many aspects of our relationships with our Sponsors are, we believe, mutually enriching.

The ongoing support and contributions of our Sponsors, as well as our academic, teaching and research associates, and the members of the Advisory Board, are all essential to the Centre’s continuing success and vitality. We also wish to thank the JD students who are involved in the Centre as Student Editorial Assistants for the Australian Journal of Labour Law, or as research assistants for the various research projects in which Centre members are involved. Also important is the financial and administrative support provided by Melbourne Law School. Once again, we thank all those who continue to offer their support: without it the Centre could not do much of the work that it does.

Anna Chapman, Tess Hardy and John Howe May 2020

Annual Report 2019 3 OBJECTIVES OF THE CENTRE FOR EMPLOYMENT AND LABOUR RELATIONS LAW

The Centre was established at Melbourne Law School in 1994. It is Australia’s first research centre devoted exclusively to developing an understanding of the role and function of employment and labour relations law. Its objectives are:

■ to undertake and encourage independent research on all ■ to disseminate the results of research in employment and aspects of the past, present and future regulation of work, in labour relations law; and Australia and internationally, including interdisciplinary and ■ to establish and foster links with similar bodies, internationally multi-interdisciplinary research; and nationally, and to facilitate engagement between ■ to undertake and promote research-led teaching of labour stakeholders both within and beyond the University. and employment law, including by developing and promoting innovative teaching methods and teaching materials, and by fostering graduate research;

4 Centre for Employment and Labour Relations Law Melbourne Law School THE CENTRE: PEOPLE AND RELATIONSHIPS

CO-DIRECTORS

Dr Tess Hardy Professor John Howe

BA, LLB (Hons), LLM (Melb), PhD (Melb) BA, LLB (Monash), LLM (Temple) (Summa Cum Laude), PhD (Melb) ph: (03) 8344 2590 ph: (03) 8344 1094 [email protected] [email protected]

Dr Tess Hardy is a Co-Director of the Centre (from January 2019). Her Professor John Howe is a Co-Director of the Centre (from research spans the fields of regulatory theory, contract, labour law January 2020), having previously served as a Director between and competition and consumer law. In November 2017, Tess was 2008-2016. John is also Director of the University of Melbourne awarded an ARC Discovery Early Career Researcher Grant to further School of Government. His research interests include labour her research into franchise regulation, particularly the way in market policy and regulation, regulatory theory, and corporate which regulatory mechanisms influence the behaviour of franchise accountability. He has written extensively on the role of the stakeholders. state in regulating employment and labour markets, and on the intersection between state-based regulation and corporate Tess has previously held an appointment at RMIT University and has governance. John is presently engaged in research concerning worked as a consultant for the International Labour Organisation. regulatory enforcement of minimum employment standards From 2010 to 2013, Tess was engaged as a Research Fellow on and labour dispute resolution in Australia and the Asia-Pacific an ARC Linkage Project (with partner organisation, the Fair Work region. He is also leading the Program on Regulation and Design Ombudsman). Tess has previously worked as a lawyer and senior at Melbourne School of Government, as well as a project on the associate at a number of national law firms, and large companies, evaluation of government social procurement initiatives. practicing principally in workplace relations law. John is a member of the Steering Committee of the Tess holds a Doctor of Philosophy in Law from Melbourne Law international Labour Law Research Network, having served as School. Tess also holds a Masters of Law, a Bachelor of Law (Hons) Chair of the Steering Committee between 2015-2019, and is an and a Bachelor of Arts from the University of Melbourne. She was Editor of the Australian Journal of Labour Law. previously the Associate Editor of the Australian Journal of Labour Law and currently sits on the national committee of the Australian Prior to commencing an academic career, John worked in Labour Law Association. private legal practice, and also as a researcher for public policy and advocacy organisations in Washington DC. John was Secretary of the Australian Labour Law Association between 2005 and 2009. He was Deputy Dean of the Melbourne Law School from 2013-2016.

Annual Report 2019 5 MEMBERS

Professor Helen Anderson Professor Sarah Biddulph

(retired from the University from January 2020) BA, LLB (Syd), PhD (Melb) LLB (Hons) (Melb), Grad Dip Bus (Acc), LLM, PhD (Monash) ph: (03) 8344 1015 [email protected] [email protected]

Professor Helen Anderson’s research lies in the fair treatment Professor Sarah Biddulph’s research focuses on the Chinese of vulnerable corporate stakeholders. She has undertaken legal system with a particular emphasis on legal policy, law extensive work on improving the recovery rights of employees making and enforcement as they affect the administration in corporate insolvency. Helen has been the recipient of several of justice in China. Her particular areas of research are Australian Research Council Grants, including in relation to contemporary Chinese administrative law, criminal procedure, phoenix activity. Her most recent book is The Protection of labour law, comparative law and the law regulating social and Employee Entitlements in Insolvency: An Australian Perspective. economic rights. The phoenix activity project produced three major reports: Defining and Profiling Phoenix Activity; Quantifying Phoenix Activity: Incidence, Cost, Enforcement and Phoenix Activity: Recommendations on Detection, Disruption and Enforcement. One of the report’s recommendations — the Director Identification Number — was adopted as both Coalition and Opposition policy.

6 Centre for Employment and Labour Relations Law Melbourne Law School Associate Professor Alysia Blackham Professor Anna Chapman

BA, LLB (Hons) (Melb), GradDipLegPrac (ColLaw, Syd), BCom, LLB (Hons), LLM (Melb), PhD (Adelaide) GradCertEdStud (HigherEd) (Syd), PhD (Cantab) ph: (03) 8344 5625 ph: (03) 8344 1507 [email protected] [email protected] Professor Anna Chapman was a Co-Director of the Centre until Associate Professor Alysia Blackham is a Discovery Early the end of 2019. In 2018 and 2019 she was the Associate Dean Career Research Fellow at Melbourne Law School. Alysia holds (JD) in the Melbourne Law School. From June 2020 Anna is the Bachelor degrees in both Arts and Law (with Hons) from the Chairperson of the University’s Teaching and Learning Quality University of Melbourne, and a PhD in Law from Gonville and Assurance Committee. Caius College at the University of Cambridge. Anna holds Bachelor degrees in both Commerce and Law Her research focuses on the intersection of employment law, (with Hons) from the University of Melbourne, an LLM from equality law and public law, using empirical evidence to cast the University of Melbourne and a PhD from the University of new light on legal problems. Alysia’s work concentrates on Adelaide (with a Dean’s Commendation for Doctoral Thesis the consequences of demographic ageing for workplaces. A Excellence). Her research focuses on employment law and monograph based on Alysia’s PhD thesis, entitled Extending gender and sexuality. This work has engaged particularly Working Life for Older Workers: Age Discrimination Law, Policy with minimum labour standards, including parental leave and Practice, was published by Hart in 2016, and was awarded entitlements and working hours regulation, in addition to the second prize in the UK Society of Legal Scholars’ Peter Birks General Protections (adverse action) in the Fair Work Act, unfair Prizes for Outstanding Legal Scholarship in 2017. dismissal and anti-discrimination law.

Alysia has worked as a solicitor at Herbert Smith Freehills and Anna’s recent work includes a project funded by the Australian taught at the University of Sydney and University of New South Research Council (with Beth Gaze) examining the intersections Wales. Prior to joining Melbourne Law School, Alysia was the between the General Protections in the Fair Work Act 2009 (Cth) Turpin-Lipstein Fellow and College Lecturer in Law at Clare and anti-discrimination law, a project that came to a completion College, Cambridge and an Affiliated Lecturer at the Faculty of in 2017. Law, University of Cambridge.

Annual Report 2019 7 Professor Sean Cooney Professor Beth Gaze

BA, LLB (Hons), LLM (Melb), LLM, JSD (Columbia) BSc, LLB (Hons) (Monash), LLM (Cal) (Berkeley), PhD (Monash), [email protected] Grad. Dip Psych Studies (Deakin) ph: (03) 8344 6173 Professor Sean Cooney’s research interests concern [email protected] international and comparative labour and employment law, with a focus on Asia. He has worked on new approaches to Professor Beth Gaze’s research interests lie in anti-discrimination improving international working standards, including on and equality law, feminist legal thought, administrative law Australian Research Council funded collaborative projects including tribunals, and she has a particular interest in socio- on Chinese labour law reform; enforcement in Australia; and legal research including empirical research. She has published assessing the effect of legal change in several Asia-Pacific extensively in these areas, and has been the recipient of several countries. He has published articles in major refereed law Grants from the Australian Research Council. She has previously journals in the United States, China and Australia. Between been a member of Commonwealth and State tribunals including 2014 and 2016, Sean served as a Legal Specialist in the Labour the Social Security Appeals Tribunal and the Mental Health Law and Reform Unit at the International Labour Organisation Review Board. (ILO) in Geneva, where he provided advice to governments in countries such as China, India, Myanmar and Pakistan. He Beth has acted as an expert adviser to Parliament and to the continues to consult for the ILO. Sean speaks Mandarin Chinese, International Labour Organisation, and is a member of the French and German. He studied at the University of Melbourne Editorial Board of the International Journal of Discrimination and Columbia University and also spent several years as a and the Law. She has published many articles and book chapters lawyer practising mainly in the areas of employment and on Australian anti-discrimination law. Her most recent book is administrative law. Equality and Discrimination Law in Australia: An Introduction with Associate Professor Belinda Smith of the University of Sydney Sean’s books include Law and Fair Work in China, (2013, (2017, Cambridge University Press). With Anna Chapman, in 2017 Routledge) together with Sarah Biddulph and Zhu Ying and she finalised a major research project investigating whether the Resolving Individual Labour Disputes: A Comparative Overview adverse action provisions of the Fair Work Act 2009 (Cth) have (2016, International Labour Organisation), which is co-edited improved protection against employment discrimination in with Minawa Ebisui and Colin Fenwick. Australia. Beth is also a member of the Centre for Comparative Constitutional Studies.

8 Centre for Employment and Labour Relations Law Melbourne Law School Professor Tarun Khaitan Dr Julian Sempill

BA, LLB (Hons) (NLS Bangalore), BCL (Oxford), MPhil (Oxford), LLB (Hons), BA (Melb), DPhil (Oxon) DPhil (Oxford) Ph: (03) 9035 5368 [email protected] [email protected]

Tarun Khaitan is a Professor and Future Fellow at Melbourne Dr Julian Sempill is a Senior Lecturer at Melbourne Law School, Law School, working on a project on the resilience of where he has taught since 2009. He holds a DPhil in Law from democratic constitutions, with a focus on South Asia. He is the University of Oxford and BA/LLB (Hons) degrees from the also the Professor of Public Law and Legal Theory at Wadham University of Melbourne. He is completing a book for Cambridge College (Oxford), currently on leave. Tarun specialises in University Press (UK) entitled Power & the Law. In addition to legal theory, constitutional law and discrimination law. He being a member of the Centre, Julian is a member of the Centre is a visiting Global Professor of Law at New York University for Comparative Constitutional Studies and the Centre for Law School, the General Editor of the Indian Law Review, an Corporate Law and Securities Regulation. Academic Fellow of the Honourable Society of the Inner Temple, an Affiliate of the Bonavero Institute of Human Rights and an Associate of the Oxford Human Rights Hub. His monograph entitled A Theory of Discrimination Law (OUP 2015 hbk, South Asia edition and Oxford Scholarship Online, 2016 pbk) has been cited by the European Court of Human Rights and reviewed very positively in leading journals, including in Law and Philosophy, where Sophia Moreau said ‘In this magnificent and wide-ranging book ... Khaitan attempts what very few others have tried.’ The book won the Woodward Medal in 2019 for making ‘a significant contribution to knowledge in a field of humanities and social sciences.’

Professor Khaitan helped draft the Indian Anti-Discrimination and Equality Bill 2017, and his research on discrimination law has been quoted and relied upon by the Indian Supreme Court. Tarun was awarded the 2018 Letten Prize, an award to a young researcher conducting excellent research of great social relevance. He is using a part of the award towards setting up the Indian Equality Law Program, aimed at capacity-building for early-career scholars.

Annual Report 2019 9 PRINCIPAL RESEARCH STAFF

Professor Joo-Cheong Tham

LLB (Hons) (Melb), LLM (Melb), PhD (Melb) ph: (03) 8344 7030 Ms Sayomi Ariyanwansa [email protected] LLB (First Class Honours)(Monash), LLM (Class I)(Cantab) Joo-Cheong Tham is a Professor at Melbourne Law School and [email protected] has taught at the law schools of Victoria University and La Trobe University. Sayomi Ariyawansa is a PhD student at Melbourne Law School. She researches across the fields of labour migration, labour His research spans the fields of labour law and public law trafficking and labour law, with a focus on the use of migrant with a focus on law and democracy; and the regulation of labour in the Australian agriculture industry. She is also a lawyer precarious work. He has also undertaken considerable research in the Workplace Relations team of Corrs Chambers Westgarth. into counter-terrorism laws. He has published more than 40 refereed articles and book chapters, edited two collections and Prior to joining Melbourne Law School, Sayomi completed the produced three monographs including Money and Politics: The Master of Law program at the University of Cambridge, where Democracy We Can’t Afford (2010, UNSW Press). she graduated with First Class Honours and was awarded the Kate Bertram Prize for Academic Excellence. She is also a former His research has also been published in print and online media Editor of the Cambridge International Law Journal, and is a with Joo-Cheong having published more than 50 opinion pieces Forum Member of the Cambridge Migration Research Network. including in The Age, Australian Financial Review, The Guardian, Herald Sun and Sydney Morning Herald. Joo-Cheong regularly speaks at public forums and has presented lectures at the Commonwealth, South Australian and Victorian Parliaments. He has also given evidence to parliamentary inquiries into labour migration, terrorism laws and political finance laws; and has written key reports for the New South Wales Electoral Commission on the regulation of political finance and lobbying. His research on the regulation of precarious work is currently focused on the challenges posed by temporary migrant work in Australia, particularly, the precariousness of such work. In 2012, Joo-Cheong became the inaugural Director of the Electoral Regulation Research Network. The Network - an initiative sponsored by the New South Wales Electoral Commission, Victorian Electoral Commission and the Melbourne Law School - aims to foster exchange and discussion amongst academics, electoral commissions and other interested groups on research relating to electoral regulation.

10 Centre for Employment and Labour Relations Law Melbourne Law School PROFESSORIAL FELLOW RESEARCH FELLOW

The Hon Professor Geoffrey Giudice AO Dr Iain Campbell

BA, LLB (Melb) BA (Hons), MA, PhD [email protected] [email protected]

The Hon Professor Geoff Giudice studied law and arts at the Dr Iain Campbell is an experienced researcher in the field of University of Melbourne, graduating in 1970. He spent nine years employment relations, with special expertise in precarious working in industry, before beginning to practise as a solicitor work, working hours, trade union strategies, and temporary in 1979. He was admitted to the Bar in Victoria in 1984, and as migrant labour. From 1998 to 2016 he was employed as a a barrister specialised in industrial relations and employment Senior Research Fellow at RMIT University and was a Visiting law. He was appointed a Judge of the Federal Court of Australia Researcher at the European Trade Union Institute (Brussels), in 1997. At the same time, he became the President of the the Institut de Recherches Economiques et Sociales (Paris), Australian Industrial Relations Commission. In 2009, when the and the International Labour Organisation (Geneva). In 2016 he Commission was replaced by the newly-established Fair Work was elected Hallsworth Visiting Professor at the University of Australia, he was appointed its first President. Geoff retired Manchester Business School. from this position in February 2012. Iain currently works as a Research Fellow in the Centre, Alongside his appointment with the Centre, Geoff has a number collaborating with colleagues, including Joo-Cheong Tham, of other roles including consultant to Ashurst Australia, Chair of on research publications and projects concerning temporary the Independent Review Panel under the Gambling Regulation migrant workers and precarious work in Australia. Act (Vic), Chair of Catholic Professional Standards Ltd and is a Chair of the AFL Tribunal. He has a special interest in workplace relations legislative policy-making. STUDENT FELLOW

Jahangir (Jay) Mahmood continued his position as the CELRL Student Fellow in 2019. Jay worked on a number of projects with Centre members, with the primary one being to prepare an update on case law developments regarding General Protections under the Fair Work Act.

Annual Report 2019 11 ASSOCIATES TEACHING ASSOCIATES The Centre and its members work regularly in collaboration The Centre for Employment and Labour Relations Law draws on with a wide network of scholars in the field of employment and a network of colleagues in both legal practice and the academy labour relations law around Australia and the world. who participate in the Centre’s research and teaching programs.

■ Associate Professor Susan Ainsworth, University of Melbourne ■ Ms Carol Andrades, Gordon Legal ■ Professor Chris Arup, Monash University ■ Mr Craig Dowling SC, Victorian Bar ■ Professor Michelle Brown, The University of Melbourne ■ Mr Mark Irving QC, Victorian Bar ■ Professor Cindy Estlund, New York University ■ Mr Paul O’Grady QC, Victorian Bar ■ Professor Keith Ewing, Kings College, University of London ■ Mr Peter C Rozen QC, Victorian Bar ■ Associate Professor Colin Fenwick, International Labour Organisation and Principal Fellow, University of Melbourne ■ Emeritus Professor William Ford, University of Western Australia ■ Professor Anthony Forsyth, RMIT University ■ Emeritus Professor Mark Freedland, University of Oxford ■ Professor Judy Fudge, McMaster University, Canada ■ Professor Peter Gahan, The University of Melbourne ■ Professor Richard Johnstone, Queensland University of Technology ■ Professor Tim Lindsey AO, The University of Melbourne ■ Dr Petra Mahy, Monash University ■ Emeritus Professor Ronald McCallum, The University of Sydney ■ Associate Professor Shelley Marshall, RMIT University ■ Professor Richard Mitchell, Monash University ■ Associate Professor Jill Murray, Monash University ■ Dr Richard Naughton, Monash University ■ Mr Anthony O’Donnell, LaTrobe University ■ Professor Graeme Orr, University of Queensland ■ Emerita Professor Rosemary Owens AO, University of Adelaide ■ Professor Marilyn Pittard, Monash University ■ Professor Ian Ramsay, The University of Melbourne ■ Professor Joellen Riley, University of Technology Sydney ■ Professor Andrew Stewart, University of Adelaide ■ Professor Katherine Stone, UCLA School of Law ■ Professor Leah Vosko, York University, Canada

12 Centre for Employment and Labour Relations Law Melbourne Law School THE ADVISORY BOARD The Centre’s work takes place under the guidance and assistance of an Advisory Board. Members of the Board are distinguished representatives of major institutions, bodies and law firms with an involvement in the employment and labour relations law field. The members in 2019 were:

■ The Honourable Justice Mordy Bromberg (Chair), ■ Mr Leon Levine, Minter Ellison Federal Court of Australia ■ Mr Jon Lovell, Ashurst ■ Ms Carol Andrades, Gordon Legal ■ Mr Peter Lupson, K&L Gates ■ Mr Josh Bornstein, Maurice Blackburn ■ Ms Frances O’Brien QC, Victorian Bar ■ The Honourable Alan Boulton AO, formerly of the ■ Ms Sandra Parker, Fair Work Ombudsman Fair Work Commission ■ Mr Charles Power, Holding Redlich ■ Mr Trevor Clarke, Australian Council of Trade Unions ■ Ms Sarah Rey, Justitia ■ Mr Marcus Clayton, Gordon Legal ■ Ms Penny Savidis, Ryan Carlisle Thomas ■ Mr Mark Diserio, Lander & Rogers ■ Mr Michael Tamvakologos, Seyfarth Shaw ■ The Honourable Peter Gray AM, formerly of the Federal Court of Australia ■ Mr John Tuck, Corrs Chambers Westgarth ■ The Honourable Associate Justice Mary-Jane Ierodiaconou, ■ Mr Anthony Wood, Herbert Smith Freehills Supreme Court of Victoria ■ Mr Ross Jackson, Maddocks ■ Mr Murray Kellock, King Wood & Mallesons ■ Commissioner Tim Lee, Fair Work Commission

Annual Report 2019 13 CENTRE SPONSORS

The support of sponsors is essential to the continued operation of the Centre, both in terms of the financial contributions that sponsors make to the resources of the Centre, and in terms of the involvement of sponsoring firms in providing advice and counsel for the Centre. One representative from each of the Centre’s sponsors sits on the Centre’s Advisory Board. The Centre’s sponsors in 2019 were:

14 Centre for Employment and Labour Relations Law Melbourne Law School VISITORS

The Centre regularly welcomes academic colleagues from interstate and overseas. In 2019 we hosted a number of visitors, many of whom took part in events hosted by the Centre:

■ Professor Lisa Waddington, Maastricht University, ■ Professor David Peetz, Griffith University (July) Netherlands (February) ■ Dr Patricia Ranald, University of Sydney (July) ■ Professor Richard Johnstone, QUT (February and December) ■ Professor Shae McCrystal, University of Sydney (July) ■ Dr Liz Bluff, ANU (February and December) ■ Dr Nicholas Kimberley, Australian Catholic University (July) ■ Professor Valerio De Stefano, University of Leuven, Belgium ■ Professor Andrew Stewart, University of Adelaide (July) (April) ■ Dr Dominique Allen, Monash University (November) ■ Professor Judy Fudge, McMaster University, Canada (May) ■ Emeritus Professor Gary D Bouma, Monash University ■ Professor Marian Baird, University of Sydney (July) (November) ■ Professor Sara Charlesworth, RMIT University (July) ■ Dr Karen O’Connell, University of Technology Sydney ■ Professor Keith Ewing, King’s College London (July) (November) ■ Professor Anthony Forsyth, RMIT University (July) ■ Ms Adriana Orifici, Monash University (November) ■ Associate Professor Joanna Howe, University of Adelaide ■ Associate Professor Belinda Smith, University of Sydney (July) (November) ■ Professor Jeremy Moss, University of New South Wales, ■ Ms Alice Taylor, ANU (November) (July)

Annual Report 2019 15 RESEARCH

The Centre is Australia’s first research centre devoted exclusively to developing an understanding of the role and function of legal regulation of the labour market. Centre members are engaged in research in diverse aspects of the broad field of employment and labour law and labour market regulation. Areas of particular interest and expertise include the enforcement of minimum employment standards, international labour rights and standards, temporary migrant worker rights, and discrimination and inequality in employment and the labour market.

During 2019, Centre members pursued a number of specific research projects. Short descriptions of the Australian Research Council funded projects follow. Further information on all of the research projects can be found on our website at: law.unimelb.edu.au/centres/celrl/research/ current-research-projects

AUSTRALIAN RESEARCH COUNCIL (ARC) CONSTITUTIONAL RESILIENCE IN SOUTH FUNDED RESEARCH PROJECTS ASIAN DEMOCRACIES Centre Member: Tarun Khaitan ADDRESSING AGE DISCRIMINATION This project examines the design of constitutional institutions IN EMPLOYMENT and connections with the resilience of democracy. So far, Centre Member: Alysia Blackham the project has produced papers concerning the threat that plutocracy poses to democratic constitutionalism, non-judicial While demographic ageing necessitates extending working forms of constitutional defence, and the subtler—incremental— lives, few have questioned the effectiveness of Australian age assaults that established democracies have witnessed in recent discrimination laws in supporting this ambition. This project years. A podcast on the last topic can be heard here: draws on mixed methods and comparative UK experiences to https://philosophy247.org/podcasts/democracy/. offer new empirical and theoretical insights into Australian age discrimination law. Intended outcomes include a comprehensive empirical dataset and a normative model for FORMAL AND INFORMAL REGULATION OF legal reform in Australia, to inform public policy and debate and LABOUR DISPUTES IN SOUTHEAST ASIA improve our ability to respond to demographic ageing, thereby Centre Member: John Howe offering economic, health and social benefits. The project is investigating the formal and informal mechanisms of collective labour dispute resolution in three Southeast Asian ADMINISTRATIVE JUSTICE IN CHINA: HARNESSING countries: Indonesia, the Philippines and Vietnam. The project THE RULE OF LAW TO DEAL WITH CITIZEN is based on the important observation that formal (state-based) COMPLAINTS AGAINST OFFICIAL MISCONDUCT labour laws and institutions often play only a limited role in these countries. That is to say, Southeast Asian legal systems, and Centre Member: Sarah Biddulph state-based labour law and industrial relations systems more Ongoing conflicts between citizens and government officials specifically, are generally characterised by limited effectiveness, in China pose a serious threat to the country’s social stability. while non-state regulation and the activities of unofficial actors Dealing fairly and efficiently with citizens’ complaints of may complement, substitute or conflict with the law. administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.

16 Centre for Employment and Labour Relations Law Melbourne Law School PRECARIOUSNESS IN LAW AND LABOUR OTHER RESEARCH GRANTS RECEIVED MARKETS: THE CASE OF TEMPORARY ■ Alysia Blackham: Workshop Program, Academy of the MIGRANT WORKERS Social Sciences in Australia (to convene the workshop Using Transparency to Achieve Equality with Professor Centre Members: Joo-Cheong Tham and Iain Campbell Margaret Thornton and Dr Dominique Allen), 2019 Associates: Judy Fudge ■ Alysia Blackham: Interdisciplinary Policy Roundtable Grant, This project examines the situation of temporary migrant Economic and Social Participation Research Initiative, workers in Australia, focusing on the nature and extent of their University of Melbourne (to convene the Australian Equality precariousness both in law and in labour market practice. Law Forum), 2019 It offers a major contribution to current research and policy debates on the implications of temporary migrant labour. ■ Tarun Khaitan: Indian Equality Law Program (Funded by The Letten Prize in September 2018) WORK IN FRANCHISES: SEARCHING FOR SOLUTIONS AT THE REGULATORY FRONTIER OTHER EMPLOYMENT AND LABOUR LAW RESEARCH PROJECTS Centre Member: Tess Hardy ■ Anna Chapman, Beth Gaze, Tess Hardy, and John Howe: The underpayment scandals that have engulfed 7-Eleven, Enforcing Work Law – a comparative analysis of approaches Domino’s Pizza and other well-known franchises have generated to enforcement in different areas of work law in Australia significant public concern and substantial law reform. This ■ International Labour Organisation project combines comparative doctrinal analysis of labour and Sean Cooney: Consultancy, IRLEX labour law database templates on competition and consumer laws, with mixed methods research, Australian, China, India, Malaysia and Vietnam to examine the effectiveness of regulatory frameworks and initiatives designed to enhance and ensure work-related rights ■ Beth Gaze: Implementation of the Gender Equality Act 2020 and responsibilities within franchise systems. This innovative, (Vic) legally grounded approach will provide a coherent, principled platform for regulating key risks that arise in franchises, and other novel business networks.

Annual Report 2019 17 RESEARCH STUDENTS UNDER THE Liam Elphick (PhD Candidate) SUPERVISION OF CENTRE MEMBERS Title: Discrimination as Tort: A Missed Opportunity? The Centre and its members are active in encouraging and Supervisor: Beth Gaze, Andrew Robertson, Alysia Blackham supervising the work of students working towards a research higher degree in employment and labour relations law. Description: Discrimination law struggles with its identity, Candidates are supervised by a Centre member and have the variously categorised as being within employment law, opportunity to participate in Centre projects and activities constitutional law, and human rights. However, discrimination while completing their research. laws operate largely as statutory torts, providing a civil action to compensate for ‘wrongs’. Judges regularly adopt Sayomi Ariyawansa (PhD Candidate) tortious principles to interpret these statutes. Despite these close ties, there is no principles-based approach evidenced Title: Tackling the Exploitation of Migrant Workers in the in discrimination legislation, jurisprudence or literature on Australian Agriculture Sector the role of tort. This represents a missed opportunity to Supervisors: Susan Kneebone and Joo-Cheong Tham improve discrimination laws. Through historical, doctrinal and comparative analysis in Australia, Canada and the United Description: Recent investigations into the Australian Kingdom, this thesis asks: to what extent should tortious agriculture sector have revealed persistent and endemic principles be used in discrimination law? exploitation of migrant workers in the labour supply chain. This thesis argues it is necessary to reconsider who should bear responsibility for the protection of the rights of these workers. Caroline Kelly (PhD Candidate) It analyses and evaluates the development and efficacy of key policy, legal and regulatory approaches, and reveals the legal Title: The Influence of Administrative Law Principles in paradigms and assumptions that underpin these approaches. Australian Labour Law It is suggested that these key approaches often assume that Supervisors: Joo-Cheong Tham and Jason Varuhas persistent exploitation primarily results from ‘rogue’ employers Description: The extent, and manner in which, doctrines of taking advantage of the ‘precarious’ position of migrant administrative law find expression in labour law has been workers. The corollary is that the direct employer of these the subject of little scholarly interrogation in Australia. In workers is the primary bearer of responsibility with respect to particular, whilst it has been observed that certain features these workers. This thesis argues there are two ways policy, of Australian labour law bear similarity to, and appear to have legal and regulatory approaches may be reframed. First, by been influenced by, doctrines of administrative law, these introducing a ‘duty-based’ conception of responsibility; and, connections have not been investigated in any detail. secondly, by reflecting on state responsibility — both legal and moral — for the protection of the rights of migrant workers. This thesis seeks to commence that inquiry by examining the way in which administrative law doctrines – such as procedural fairness, reasonableness and proportionality – are reflected Bernice Carrick (PhD Candidate) in the regulation and control of employer discretion within Title: Migration Status Equality in the Midst of the Border the employment relationship. To this end, three case studies Supervisors: Beth Gaze and Jenny Beard are examined: the creation of the employment relationship, the control and discipline of employees during employment Description: The thesis explores the impact of the immigration and termination of employment. This thesis argues that jurisdiction on discrimination and equality law in Australia administrative law doctrines find expression in labour law and Canada. Understanding state borders as detached because the two fields share a common normative concern from territorial boundaries, it focuses how the borders of with the control and distribution of power and its abuse. It is these two states attach to individuals and alter the way that argued that administrative law doctrines do and should play discrimination and equality law attaches to them. an important role in shaping the nature and scope of employer power in the inherently uneven relationship of employment.

18 Centre for Employment and Labour Relations Law Melbourne Law School Melissa Kennedy (PhD Candidate) Morgan Nyland (PhD Candidate)

Title: Is it Appropriate for the Criminal Law to be Used as Part Title: Australian Domestic Human Rights Legislation and the of a Regulatory Response to Wage Theft in Australia? Employment Relationship Supervisors: John Howe, Tess Hardy and Dale Smith Supervisors: Sean Cooney and John Tobin

Description: This thesis explores the extent to which the Description: This thesis asks whether the statutory bills of criminalisation of conduct should be used as part of a rights introduced in the Australian Capital Territory, Victoria, regulatory response to wage theft (ie the failure of employers and Queensland (‘Charters’) may significantly impact on to pay workers their minimum statutory entitlements), and the employment relationship. In contrast to their overseas in what circumstances. The terminology of wage theft is itself counterparts, especially in Canada and Europe, Australian labour contested, as it suggests that the conduct inherently satisfies law scholars and practitioners have afforded domestic human criminal tests, despite there being no jurisdiction in Australia rights instruments very little attention. Drawing on comparative which criminalises the underpayment of workers. This thesis scholarship and jurisprudence, the thesis conducts a sustained looks at whether criminalisation should occur for deliberate or analysis of several Charter rights at work. The research aims reckless conduct, underpayments more broadly, or whether to reveal areas where the Charters have significant and under- criminalisation should not be adopted at all. explored implications for employment and industrial relations and areas where it is unlikely they will make a substantial impression. Theoretical and normative questions of whether current regulatory approaches and theories are amenable to securing compliance objectives in a labour law context are considered, Adriana Orifici (PhD Candidate) as well as the limitations and problems associated with a regulatory focused model, incorporating criticisms arising Title: Workplace Investigations: Interactions with Regulation from criminological approaches to corporate crime. Doctrinal and Pathways for Reform elements of enforcement models, including the current civil Supervisors: Beth Gaze and Anna Chapman enforcement regime for underpayments, as well as enforcement Description: Workplace investigations are commonly and penalty regimes more broadly will be analysed to conducted by organisations, into a range of matters such as understand the purposes and the applicability of such models harassment and bullying, as well as work health and safety to the underpayment of wages. incidents. Although an increasing phenomenon in workplaces, little is known about the actual practices of workplace Ingrid Landau (PhD Candidate) investigations and how they are regulated by law. This thesis will undertake the first comprehensive analysis of the empirical Title: From Rights to Risks: Transnational Labour Regulation and legal dimensions of workplace investigations in Australia. and the Emerging Business of Human Rights Due Diligence Supervisors: John Howe and John Tobin Maria Azzurra Tranfaglia (PhD Candidate) Description: Human rights due diligence is an increasingly ubiquitous concept in transnational labour regulation. Title: The Protection of Workers Involved in Triangular Working Yet there is little scholarship evaluating human rights due Arrangements Through Employment Agencies: A Comparative diligence as a form of labour regulation or considering how it Study of the Australian and the Italian Approaches fits within an already crowded, complex and highly contested Supervisors: John Howe and Anthony Forsyth regulatory landscape. Located at the interstices of three broad Description: The thesis draws on the international debate but overlapping fields of scholarship – transnational labour around the role of labour law in protecting workers involved in regulation, business and human rights, and regulation and triangular work arrangements through employment agencies. It governance – this project engages in a conceptual and empirical acknowledges the similar challenges posed in many jurisdictions socio-legal analysis of the implications of human rights due by this non-standard form of work. At the same time, it looks at diligence for the promotion and protection of labour standards the divergent regulatory patterns in Australia and in Italy. While in the global economy. in the former country there is a current call for regulation to provide stronger protection for labour-hire workers, the latter has recently started relaxing a series of strict provisions to ensure a higher level of flexibility for businesses that resort to agency work. With the aim of allowing cross-national legal learning, it takes a functionalist comparative approach to identify and make sense of the differences and similarities of the solutions proposed to protect the workers.

Annual Report 2019 19 TEACHING AND LEARNING

Members of the Centre teach a number of programs in labour and employment law in the Law School. In addition, the Centre has a sizeable cohort of PhD students under the supervision of Centre members (see above). All students that are taught, and supervised, by Centre members are encouraged to take part in various activities within the Centre, including the Labour Law Seminar Series.

SUBJECTS IN THE JD PROGRAM The coursework subjects offered in 2019 were:

The employment and labour relations law subjects offered in ■ Bargaining at Work (Professor Shae McCrystal) 2019 were: ■ Employment Contract Law (Sean Cooney and Mr Paul ■ Employment Law (offered twice) (Anna Chapman and O’Grady QC) Sean Cooney) ■ Equality and Discrimination at Work (Beth Gaze and Ms ■ Legal Internship (several teachers) Carol Andrades)

THE MELBOURNE LAW MASTERS PROGRAM ■ International Employment Law (Sean Cooney) Melbourne Law School offers a range of different teaching ■ International Equality Law (Beth Gaze and Professor Judy programs as part of the Melbourne Law Masters Program. Beth Fudge) Gaze and Sean Cooney were the Co-Directors of Studies for the Employment and Labour Relations Law Graduate Program in ■ Labour Standards and their Enforcement (John Howe and 2019. Mr Craig Dowling SC)

Coursework Programs: ■ Principles of Employment Law (Anna Chapman and Mr Mark Irving QC) (offered twice in 2019) ■ Master of Employment and Labour Relations Law ■ Workplace Health and Safety (Mr Peter Rozen QC) ■ Graduate Diploma in Employment and Labour Relations Law ■ LLM by coursework Further information regarding the program can be obtained from the Melbourne Law Masters website at: Research Programs: law.unimelb.edu.au/study/masters/courses

■ LLM by major thesis ■ Doctorate of Juridical Science (SJD) ■ PhD

20 Centre for Employment and Labour Relations Law Melbourne Law School KNOWLEDGE TRANSFER AND COMMUNITY ENGAGEMENT

During 2019 the Centre was engaged in a range of knowledge transfer activities. These exchanges took place through a variety of mechanisms including the Centre’s two Seminar Series, and the involvement of Centre members in editorial roles with the Australian Journal of Labour Law.

LABOUR LAW SEMINAR SERIES MAJOR EVENTS These free public seminars are intended to be of interest to In addition to the regular seminar series, the Centre hosts a a wide audience including academics, members of the legal number of events each year. profession, and those engaged in the day to day business of industrial relations and/or human resource management. WORKSHOP – ENFORCING WORK LAW Among other things, the Labour Law Seminar Series provides an opportunity for Centre members, visitors and associates, 22 February and 6 December together with invited speakers, to present preliminary results of their research into the operations of labour and employment The project is a collaboration between Centre members Anna law. In 2019 the Labour Law Seminar series was coordinated by Chapman, Beth Gaze, Tess Hardy and John Howe with Joo-Cheong Tham and Sayomi Ariyawansa. Professor Richard Johnstone (QUT) and Dr Liz Bluff (ANU). The project examines compliance and enforcement across Four seminars were held during the course of the year: various dimensions of work law, including wages and hours, discrimination, security of employment, and work health and ■ 11 February: The Relationship between Disability safety. In 2019 the CELRL hosted two day-long meetings of the Discrimination Law and Quota Schemes in Europe. Presented research group at the Law School, to discuss the development by Professor Lisa Waddington, Maastricht University with of methodology of the project and the themes that were discussant Beth Gaze. emerging from the research.

■ 10 April: Automation, Artificial Intelligence, and Labour Protection. Presented by Professor Valerio De Stafano, WORKSHOP – CELRL EARLY CAREER University of Leuven. RESEARCHERS MEETINGS ■ 28 May: From Combatting Human Trafficking to Eradicating 14 & 27 MARCH, 28 MAY AND 2 JULY Modern Slavery: Assembling a Global Governance Regime. Presented by Professor Judy Fudge, McMaster University. In 2019, the Centre conducted four sessions for early career members of the Centre, organised by Alysia Blackham. The ■ 31 October: The Challenges of Zero-Hour and Minimum-Hour first session was an informal event to meet and introduce new Work Arrangements in Australia. Presented by Iain Campbell. PhD students to the Centre, and included a lively discussion on undertaking a PhD and building a career in labour law with Joo- Cheong Tham and Alysia Blackham. The second session was SPONSORS’ SEMINAR SERIES on Labour Law Research Methods, and considered how different The Centre conducts a seminar series for members of the Centre’s research methods might be applied to labour law scholarship, sponsoring firms and organisations. The seminar series is co- and their advantages and disadvantages. The session was led by ordinated by Geoff Giudice. In 2019 the following seminar was three members of the Centre - Julian Sempill, who spoke about convened: legal theory; Sean Cooney, who spoke about comparative research; and Alysia Blackham, who spoke about empirical ■ 20 June: Lee v Superior Wood [2019] FWCFB 2946: The research. The third session was an informal conversation Intersections of Privacy Regulation and Employment between early career members and Professor Keith Ewing; and Law. Presented by Mr Mark G Rinaldi and Professor Megan the fourth a conversation with Professor Judy Fudge. Richardson, with commentary by Mr Josh Bornstein.

Annual Report 2019 21 SEMINAR AND PANEL DISCUSSION - LAW SYMPOSIUM: THE FAIR WORK ACT A DECADE REFORM FOR THE CASH ECONOMY: WHAT IS ON: THE CONSEQUENCES OF COMPROMISE NEEDED AND HOW WILL THINGS CHANGE? 26 July 14 May This day-long symposium (initiated by colleagues at the This evening seminar ‘Law Reform for the Cash Economy: University of Sydney and hosted by the Centre) provided an What is needed and how will things change?’ was presented by opportunity to reflect on the impact of the Fair Work Act over Dr Michael Andrew AO. The seminar was followed by a panel its first decade. Law academics as well as industrial relations discussion that drew out matters of particular relevance to academics were invited to examine the Act’s operation to date, labour law, corporations law, and tax law. John Howe spoke and consider the extent to which the Act remains fit-for-purpose on the labour law implications of the cash economy, and Helen in a changing world of work. Anderson on the corporate law dimensions. The Centre co- hosted this event with the Melbourne Law School Tax Group and CELRL members engaged in this project are Anna Chapman, Centre for Corporate Law. Beth Gaze, Tess Hardy and Iain Campbell. The revised papers of the project were published as a Special SYMPOSIUM: THE CENTENARY OF THE Issue of the Australian Journal of Labour Law (in 2020). INTERNATIONAL LABOUR ORGANISATION: DEMOCRACY, LABOUR AND TRADE UNIONS FORUM: AUSTRALIAN EQUALITY LAW 18 – 19 July 28 November This symposium was held under the auspices of the Centre The inaugural ‘Australian Equality Law Forum’ brought together and organised in partnership with the Australian Council of over 65 scholars, lawyers and representatives from government, Trade Unions (ACTU). Held to coincide with the Centenary equality bodies, unions, employers and not-for-profits to of the International Labour Organisation, the symposium discuss some of the most challenging issues in discrimination tackled themes central to the future of the labour movement, law. In 2019, the themes discussed at the Forum included: particularly those relating to democracy, labour law and the role sexual harassment; exceptions and exemptions; enforcement; of trade unions. It featured leading figures from the Australian and equality law in the workplace. The key reflections that trade union movement including the ACTU’s President, Michele emerged from the Forum were published in The Conversation: O’Neil, and its Assistant Secretary, Scott Connolly. https://theconversation.com/we-need-to-talk-about- discrimination-law-and-why-a-thoughtful-approach-to-reform- The evening panel of the symposium comprised Sharan Burrow AC, is-so-important-129697 General Secretary, International Trade Union Confederation; Professor Keith Ewing, King’s College London; and Greg Vines, Speakers at the Forum included Centre members Alysia Deputy Director-General, International Labour Organisation. It Blackham, Beth Gaze as well as PhD student Liam Elphick. was chaired by Deputy President of the Fair Work Commission, Richard Clancy with closing remarks provided by Justice Mordy FORUM: DISCRIMINATION LAW EXPERTS Bromberg of the Federal Court of Australia. MEETING The event, organised by Julian Sempill and Joo-Cheong Tham, was attended by around 100 invited guests including 29 November academics and professionals. The Australian Discrimination Law Experts Group (http://adleg. org.au/) met following the Australian Equality Law Forum. The papers from this event were collected and co-edited by This meeting was a key opportunity for members of the Group Caroline Kelly, Julian Sempill and Joo-Cheong Tham. They to share work in progress and future research projects; to are available at: https://law.unimelb.edu.au/__data/assets/ collaborate on joint submissions to government inquiries; pdf_file/0009/3249423/SymposiumPapers_final_web.pdf. and to consider future areas of law reform and advocacy. The meeting in 2019 featured an extended consultation with Australian Human Rights Commission President, Rosalind Croucher on the AHRC’s Free and Equal Inquiry (https://www. humanrights.gov.au/free-and-equal).

22 Centre for Employment and Labour Relations Law Melbourne Law School EDITORIAL ROLES ASSOCIATIONS

JOURNAL EDITORSHIP THE AUSTRALIAN LABOUR LAW ASSOCIATION The Centre is the administrative home of the Australian Labour The Australian Journal of Labour Law is the leading Australian Law Association (ALLA). scholarly publication in its field, publishing three issues per year. The Centre is the Journal’s administrative home. The work of the ALLA’s 19th AGM was held on 7 November 2019. The ALLA editorial team was ably supported in 2019 by a team of student Executive Committee was confirmed as Professor Marilyn editorial assistants drawn from the student body of Melbourne Pittard, President; Professor Anthony Forsyth, Vice-President; Dr Law School. The journal’s Editors are John Howe, Professor Shae Dominique Allen, Secretary; and Ms Emma Goodwin, Treasurer. McCrystal (University of Sydney), and Professor Andrew Stewart Tess Hardy continues as a member of the National Committee. (University of Adelaide), and the Associate Editor is Melissa Kennedy. Centre members involved in the Journal’s editorial For further information about ALLA, please visit: committee are Anna Chapman, Sean Cooney and Joo-Cheong law.unimelb.edu.au/alla Tham.

In addition, Centre members were involved in the following REGULATING FOR DECENT WORK (RDW) editorial duties: NETWORK

■ Iain Campbell, Member, Editorial Board, British Journal of The Centre continued its involvement in the RDW Network in Industrial Relations, Labour and Industry and the Australian 2019. The Centre is one of the founding members of the RDW Bulletin of Labour Network. The RDW is a collaboration between researchers at the International Labour Organisation (ILO), the University of ■ Sean Cooney, Member, Advisory Board, University of Bologna Law Review Amsterdam’s Amsterdam Institute for Labour Studies / Hugo Sinzheimer Instituut (AIAS-HSI), the Centre for Employment and ■ Sean Cooney, Member, Advisory Board, National Taiwan Labour Relations Law (CELRL), Jawaharlal Nehru University’s University Law Journal Centre for Informal Sector and Labour Studies (CISLS), ■ Beth Gaze, Member, Editorial Committee, International the University of Durham’s Law School (DLS), the Cornell Journal of Discrimination and Law University’s ILR School, the University of Duisburg-Essen’s Institut Arbeit und Qualifikation (IAQ), the Institute for Applied ■ Joo-Cheong Tham, Series Editor, Anthem Studies in Economic Research (IPEA), the Korea Labor Institute (KLI), the Australian Economics and Society University of Manchester’s Work and Equalities Institute (WEI), and academic and policy institutions from across the world. The network is interdisciplinary and involves researchers from a range of fields including economics, law, sociology, development studies, industrial relations and geography.

The objective of the RDW Network is to foster research and exchange of ideas concerning the role of labour and employment law protections in fostering economic development. The Network also aims to advance research and policy directions tailored towards making labour market regulation more effective.

The RDW’s Sixth Conference was held at the ILO’s office in Geneva in July 2019. John Howe and Sean Cooney were members of the RDW Organising Committee.

For further information about RDW, please visit: https://www.ilo. org/global/research/events-courses/rdw/lang--en/index.htm

Annual Report 2019 23 LABOUR LAW RESEARCH NETWORK (LLRN) ■ Interviewed for and quoted in Kelly Burke, ‘Proposed changes broaden the range of workplaces which can In 2011, the Centre assisted in the formation of a new discriminate on basis of religion’, 7News (online), 10 international association of labour law scholars, the Labour Law December: https://7news.com.au/politics/federal-politics/ Research Network (LLRN). proposed-changes-broaden-the-range-of-workplaces- which-can-discriminate-on-basis-of-religion--c-598142. The LLRN is based on cooperation between over 70 labour law ■ Quoted in Paul Karp, ‘Religious discrimination bill could research centres from all over the world. The goal of the LLRN is protect workplace bullies, critics warn’, The Guardian, 4 to advance research in labour law, and specifically to facilitate October: https://www.theguardian.com/world/2019/oct/04/ the dissemination of research work and encourage open religious-discrimination-bill-could-protect-workplace- discussion of scholarship and ideas in the field. All individual bullies-critics-warn. labour law scholars are welcome to join, whether affiliated with a research centre or not. ■ Quoted in Andrew M Potts, ‘Out for Australia announce 2019 30 Under 30 leaders of tomorrow’, Star Observer, Centre member John Howe was a member of the inaugural 27 September: https://www.starobserver.com.au/news/ Steering Committee of the LLRN, and was Chair of the Steering national-news/out-for-australia-announce-2019-30-under- Committee from 2015-2019. 30-leaders-of-tomorrow/187451. ■ Published an opinion piece ‘Why Victoria’s new anti- The LLRN holds a biennial conference, with the 5th Conference to vilification bill strikes the right balance in targeting be held at the University of Warsaw in June 2021. online abuse’, The Conversation, 11 September: https:// For further information about the LLRN, please visit: theconversation.com/victorias-new-anti-vilification-bill- labourlawresearch.net/. strikes-the-right-balance-in-targeting-online-abuse-123014. ■ Interviewed for and quoted in Rena Sarumpaet, ‘Pastor who quit over LGBTQI+ support says churches can’t be MEDIA ENGAGEMENT exempt from discrimination laws’, SBS News, 8 September: https://www.sbs.com.au/news/pastor-who-quit-over- ALYSIA BLACKHAM lgbtqi-support-says-churches-can-t-be-exempt-from- discrimination-laws. ■ Featured in John Rolfe and Joseph Attanasio, ‘Weary workers in it for the long haul’, Daily Telegraph (Sydney), 4 ■ Published an opinion piece with Alice Taylor, ‘Religious December, p 11. Discrimination Bill is a mess that risks privileging people of faith above all others’, The Conversation, 30 August: https:// ■ Featured in Royce Kurmelovs, ‘The end of the affair: why theconversation.com/religious-discrimination-bill-is-a- Australians are falling out of love with cars’, The Guardian, 22 mess-that-risks-privileging-people-of-faith-above-all- April: https://www.theguardian.com/business/2019/apr/22/ others-122631. the-end-of-the-affair-why-australians-are-falling-out-of- love-with-cars. ■ Interviewed live on-air, ‘The Religious Discrimination Bill’, ABC Radio Melbourne: Morning Program with Jon Faine, ■ Published an opinion piece ‘Challenging discrimination in 30 August: https://www.abc.net.au/radio/melbourne/ the gig economy’, Pursuit, 6 March 2019, https://pursuit. programs/mornings/mornings/11444714. unimelb.edu.au/articles/challenging-discrimination-in-the- gig-economy. ■ Interviewed for and quoted in Rosemary Bolger and Rashida Yosufzai, ‘Doctors’ right to opt out of procedures because of religion extended under new laws’, SBS News, 30 August: LIAM ELPHICK https://www.sbs.com.au/news/doctors-right-to-opt-out-of- procedures-because-of-religion-extended-under-new-laws. ■ Published an opinion piece with Monica Brierley-Hay, ‘The case for “inclusion riders” in creative industries: what ■ Published an opinion piece with Amy Maguire and Anja Australian discrimination law says about quotas’, The Hilkemeijer, ‘The government has released its draft religious Conversation, 17 October: https://theconversation.com/ discrimination bill. How will it work?’, The Conversation, 29 the-case-for-inclusion-riders-in-creative-industries-what- August: https://theconversation.com/the-government-has- australian-discrimination-law-says-about-quotas-122264. released-its-draft-religious-discrimination-bill-how-will-it- work-122618.

24 Centre for Employment and Labour Relations Law Melbourne Law School ■ Pre-recorded interview broadcast on television, SBS World JOHN HOWE News (TV), 29 August: https://www.sbs.com.au/ondemand/ program/sbs-world-news. ■ Interviewed for and quoted in Anna Patty, ‘Criminalisation of wage theft likely to backfire, say experts’, The Sydney ■ Interviewed for and quoted in Rashida Yosufzai, ‘Discrimination laws: companies could stop workers Morning Herald, 3 January: https://www.smh.com.au/ expressing religious views’, SBS News, 29 August: https:// business/workplace/criminalisation-of-wage-theft-likely-to- www.sbs.com.au/news/discrimination-laws-companies- backfire-say-experts-20181212-p50lto.html. could-stop-workers-expressing-religious-views. ■ Interviewed for and quoted in Kate Stanton, ‘Working hard to make work fairer’, Pursuit as part of its Made Possible By ■ Pre-recorded interview broadcast on-air, ‘How free should speech be? The Israel Folau Saga’, ABC Radio National: God Melbourne campaign, 26 May: https://pursuit.unimelb.edu. Forbid, 23 June: https://www.abc.net.au/radionational/ au/articles/working-hard-to-make-work-fairer. programs/godforbid/how-free-should-speech-be/11229298. ■ Featured in “Making Work Fairer” clip for the University of Melbourne’s Pursuit as part of its Made Possible By ■ Published an opinion piece, ‘Marriage equality was momentous, but there is much still to do to progress LGBTI+ Melbourne campaign, 28 May and 6 June: https://www. rights in Australia’, The Conversation, 6 March (republished youtube.com/watch?v=vmL9x7AkucA. by QNews): https://theconversation.com/marriage-equality- ■ Published an opinion piece with Tess Hardy and Sean was-momentous-but-there-is-still-much-to-do-to-progress- Cooney, ‘Working hard to make work fairer’, The Mandarin, lgbti-rights-in-australia-110786. 6 June: https://www.themandarin.com.au/109661-working- hard-to-make-work-fairer/. BETH GAZE ■ Interviewed for and quoted in Kate Neilson, ‘Do wage thieving employers belong in jail?’, HRM Online, 25 July: ■ Interviewed for and quoted in ‘How Aussie workplaces https://www.hrmonline.com.au/section/legal/wage- handle office romances, and what you should do if you’re in thieving-employers-jail/. one’, Daily Telegraph, November 7. ■ Interviewed by Deborah Tarrant in ‘How boards can ensure ■ Interviewed by Sushi Das for RMIT Fact Check on religious their employees are being fairly paid’, Company Director discrimination laws in Australia, 19 August and 2 and 3 Magazine, 1 October: https://aicd.companydirectors.com. September: https://www.abc.net.au/news/2019-09-10/fact- au/membership/company-director-magazine/2019-back- check-religious-freedom-laws/11455850. editions/october/fair-pay. ■ Interviewed and quoted in Dana McCauley, ‘Anthony Albanese joins wall of silence on CFMEU leader John Setka’, The Sydney MELISSA KENNEDY Morning Herald, 28 May: https://www.smh.com.au/politics/ federal/anthony-albanese-joins-wall-of-silence-on-cfmmeu- ■ Interviewed, ABC Drive Radio National, 9 December. leader-john-setka-20190528-p51s00.html. ■ Quoted in ‘Wage theft no anomaly, academics tell inquiry’, ■ Published an opinion piece, ‘Keeping sexual harassment Workplace Express, 29 April. complaints confidential’, Pursuit, 30 May: https://pursuit. unimelb.edu.au/articles/keeping-sexual-harassment- complaints-confidential. JOO-CHEONG THAM

■ Published an opinion piece, ‘White supremacist terrorism, ■ Numerous media appearances including on ABC 24News; technology and the law’, Pursuit, 27 March: https://pursuit. 7.30 Report; ABC Radio; Sky News and quoted in The unimelb.edu.au/articles/white-supremacist-terrorism-hate- Australian; The Age; Australian Financial Review; The speech-and-the-law-br Saturday Paper; The Monthly; Sydney Morning Herald. ■ Published an opinion piece ‘Government advertising may be legal, but it’s corrupting our electoral process’, The Conversation, 10 April: https://theconversation.com/ government-advertising-may-be-legal-but-its-corrupting- our-electoral-process-115061. ■ Published an opinion piece ‘We’ve let wage exploitation be the default experience for migrant workers’, The Conversation, 22 March: https://theconversation.com/weve- let-wage-exploitation-become-the-default-experience-of- migrant-workers-113644

Annual Report 2019 25 OTHER ENGAGEMENT IAIN CAMPBELL

■ Member, International Working Party on Labour Market HELEN ANDERSON Segmentation ■ Member of RC 44 (Labour Movements) and RC 30 (Sociology ■ Member, Australian Labour Law Association of Work), International Sociological Association ■ Academic Member, Australian Restructuring Insolvency and Turnaround Association ■ Member, Insolvency and Reconstruction Committee, ANNA CHAPMAN Business Law Section, Law Council of Australia ■ Member, Australian Labour Law Association ■ Fellow, Australian Academy of Law ■ Member, Association of Industrial Relations Academics of ■ Section Editor, Insolvency Law, Company and Securities Law Australia and NZ (AIRAANZ) Journal ■ Member, Australian Discrimination Law Experts Group ■ Submission to Treasury, ASIC Industry Funding Model and Registry Search Fees, 31 January. SEAN COONEY ■ Submission to Senate Economics Legislation Committee, Inquiry into Treasury Laws Amendment (Registries ■ Global Law Faculty, Peking University Law School Modernisation And Other Measures) Bill 2019, 27 February. ■ Submission to Senate Economics Legislation Committee, Inquiry into Treasury Laws Amendment (Combating Illegal LIAM ELPHICK Phoenixing) Bill 2019, 1 March. ■ With the Australian Discrimination Law Experts Group ■ Consultation, Modernising Business Registers Advisory (as a contributor), submission to the Senate Legal and Group, 25th November Constitutional Affairs Committee,Inquiry: Sex Discrimination Amendment (Removing Discrimination Against Students) Bill ALYSIA BLACKHAM 2018, 25 January: https://www.adleg.org.au/submissions/ federal-religious-school-exceptions-jan-2019. ■ Member, International Advisory Board of the Berkeley Comparative Equality & Anti-Discrimination Law Study Group ■ With the Australian Discrimination Law Experts Group (as a contributor), submission to the Australian Human Rights ■ Member, Australian Discrimination Law Experts Group Commission, National Inquiry into Sexual Harassment in ■ Member, Discrimination Law Service Providers Group (Victoria) Australian Workplaces, 4 March: https://www.adleg.org.au/ ■ Member, Socio-Legal Studies Association (UK) submissions/sexual-harassment-national-inquiry-mar-2019. ■ Member, Society of Legal Scholars (UK) ■ With the Australian Discrimination Law Experts Group (as a coordinator and lead author), submission to the ■ Member, Australian Labour Law Association Commonwealth Attorney-General’s Department, Religious ■ Member, Australasian Law Academics Association Discrimination Bill: First Exposure Draft, 1 October: https:// www.adleg.org.au/submissions/religious-discrimination- ■ Co-founder and inaugural convener, Australian Labour Law Association Early Career Network bill-first-exposure-draft-oct-2019. ■ Associate Editor, Berkeley Center on Comparative Equality & Anti-Discrimination Law E-journal ■ With the Australian Discrimination Law Expert Group, submission to Commonwealth Attorney-General’s Department, Religious Discrimination Bill Exposure Draft, 1 October: https://www.adleg.org.au/submissions/religious- discrimination-bill-first-exposure-draft-oct-2019. ■ Submission to the Inquiry into the Victorian On-Demand Workforce 2019.

26 Centre for Employment and Labour Relations Law Melbourne Law School BETH GAZE JOHN HOWE

■ Member, Australian Labour Law Association ■ Director, Melbourne School of Government ■ Member, Socio-Legal Studies Association (UK) ■ Member, Australian Labour Law Association ■ Member, Discrimination Law Association (UK) ■ Chair, Labour Law Research Network ■ Member, Australian Discrimination Law (Academic) Experts ■ Editor, Australian Journal of Labour Law Group ■ With the Australian Discrimination Law Expert Group, MELISSA KENNEDY submission to Australian Human Rights Commission Inquiry Free and Equal in Australia, Discussion paper on reform of ■ With Tess Hardy, Submission to the Western Australia Commonwealth anti-discrimination laws, 24 December. This Department of Mines, Industry Regulation and Safety Inquiry submission followed a half day consultation meeting in into Wage Theft in Western Australia, 27 March. Melbourne on 28 Nov 2019 with the President and staff of ■ Submission to Attorney-General’s Department, Discussion the AHRC. Paper: Improving Protections of Employees’ Wage and ■ With the Australian Discrimination Law Expert Group, Entitlements: Strengthening Penalties for Non-Compliance, submission to Commonwealth Attorney-General’s November. Department, Religious Discrimination Bill Exposure Draft, 1 October: https://www.adleg.org.au/submissions/religious- discrimination-bill-first-exposure-draft-oct-2019. JOO-CHEONG THAM

■ With the Australian Discrimination Law Expert Group, ■ Member, Australian Labour Law Association submission to Australian Human Rights Commission, National Inquiry into Sexual Harassment in Australian ■ Advisory Board Member, Global Labor Migration Network, Workplaces, 4 March: https://www.adleg.org.au/ Global Migration Studies Centre, University of Maryland submissions/sexual-harassment-national-inquiry-mar-2019. ■ Deputy Chair, Migrant Workers Centre Incorporated ■ Provided expert advice to AHRC Free and Equal Inquiry ■ Board Member, Centre for Public Integrity into Reform of Commonwealth Anti-Discrimination Laws, ■ Convenor, Steering Group, Migrant Workers Campaign December. ■ Member, Ethnic Communities’ Council of Victoria’s ■ Provided expert advice to ALRC Inquiry into Exceptions in Employment Education and Training Policy Subcommittee Commonwealth Anti-Discrimination Laws, July. ■ Member, Electoral Tribunal, Graduate Student Association TESS HARDY

■ National Committee Member, Australian Labour Law Association ■ Submission to the Attorney-General Consultation on Industrial Relations, Discussion Paper - Improving Protections of Employees’ Wages and Entitlements: Strengthening Penalties for Non-Compliance, November. ■ With Melissa Kennedy, Submission to the Western Australian Department of Mines, Industry Regulation and Safety Inquiry into Wage Theft in Western Australia, 27 March.

Annual Report 2019 27 CONFERENCE AND SEMINAR PAPERS

During 2019, members of the Centre delivered papers to a range of Australian and international conferences and workshops.

JANUARY MAY ■ Alysia Blackham, ‘Age Discrimination Beyond Employment’, ■ Helen Anderson and John Howe, ‘Law Reform for the Cash invited paper, Kobe University, Japan Economy: What is Needed and How Will Things Change?’ Panel presentations with Dr Michael Andrew AO, Melbourne FEBRUARY Law School ■ Sean Cooney, ‘Work Health and Safety in Australia’, Chinese ■ Helen Anderson, ‘Piercing The Corporate Veil To Reach The Money For Employees: Why, How And Where To Next?’, Academy of Industrial Relations, China Corporate Law Teachers Association Annual Conference, ■ Sean Cooney, ‘The Future of Labour Law’, ILO/Ministry of Auckland Human Resources and Social Security, Beijing ■ Michelle Welsh and Helen Anderson, ‘Director Restriction: ■ Beth Gaze, Panel presentation at ‘Sexual Harassment in An Alternative To Disqualification For Corporate Insolvency’, Australia’, Berkeley International Anti-Discrimination Law Corporate Law Teachers Association Annual Conference, Study Group, sub-group on sexual harassment, conference, Auckland Berkeley ■ Alysia Blackham with Mia Rönnmar, ‘The Ageing Workforce ■ Joo-Cheong Tham, ‘The First Nations Voice and Political and Collective Bargaining: A Comparative Perspective on Equality’ – First Nations Voice: From Referendum to Design, Measures to Promote Work Ability in Sweden, the UK and Indigenous Law Centre, UNSW Law, and Gilbert + Tobin Australia’, Association of Industrial Relations Academics in Centre of Public Law, University of New South Wales Australia and New Zealand Conference, RMIT University ■ Anna Chapman and Beth Gaze, ‘Adverse Action Protections JUNE in the Fair Work Act: High Expectations Dashed in 10 Years ■ Sayomi Ariyawansa, ‘Migrant Workers, Exploitation, and of Disappointment?’, Association of Industrial Relations the Social Contract’, Regulating for Decent Work Conference, Academics of Australia and New Zealand Conference, RMIT International Labour Organisation, Geneva University ■ Alysia Blackham and Dominique Allen, ‘The Emerging ■ Anna Chapman and Nana Oishi, ‘Au Pairs: The Forgotten Importance of Transparency in Achieving Equality’, Berkeley Migrant Workers of Employment Regulation’, Association of Comparative Equality and Anti-Discrimination Law Study Industrial Relations Academics of Australia and New Zealand Group, Stockholm University Conference, RMIT University ■ Alysia Blackham, ‘Pensions and the Modern Workforce’, ■ Tess Hardy, ‘Trivial to Troubling: The Evolution of invited paper, Pensions Law, Policy and Practice, University Enforcement under the Fair Work Act’, Association of College London Industrial Relations Academics of Australia and New Zealand Conference, RMIT University ■ Sean Cooney, ‘Cross-Cutting Trends for a Global Discussion on Labour Law: Legal, Historical, Political, Cultural and ■ Beth Gaze, Discussant at Labour Law Seminar: ‘The Economic Contingencies’, Plenary Session, Labour Law Relationship Between Disability Discrimination Law and Research Network Conference, Valparaíso Quota Schemes in Europe’ presented by Professor Lisa Waddington from Maastricht University, Melbourne Law ■ Sean Cooney, ‘A Three-Way Split: China’s Distinctive School Approach to Categorising Work Relationships’, Labour Law Research Network Conference, Valparaíso ■ Sean Cooney, ‘Challenges in Developing Legislative Occupational Safety and Health Frameworks’, Labour Law Research Network Conference, Valparaíso ■ Liam Elphick, ‘Boundaries Between Discrimination and Tort in the United Kingdom: Theorising Private Law Intersections’, CSECL International Summer School on Frontiers of Private Law and its Theory, University of Amsterdam

28 Centre for Employment and Labour Relations Law Melbourne Law School ■ Belinda Smith and Liam Elphick, ‘Preventing Sexual AUGUST Harassment in Work: Exploring the Promise of Work Health ■ Joo-Cheong Tham, ‘Controlling Election Campaign and Safety Laws’, Berkeley Comparative Equality and Anti- Spending: What Can Be Learnt from Overseas Experiences?’, Discrimination Law Study Group, Stockholm University Observatory Research Foundation, Delhi ■ Liam Elphick and Alice Taylor, ‘Discrimination Law and ■ Joo-Cheong Tham, ‘Democracy, Elections and Reform’, the Language of Torts in the UK Supreme Court’, Berkeley Centre for a New South Asia, Jindal School of International Comparative Equality and Anti-Discrimination Law Study Affairs and Centre for Public Interest Law, Jindal Global Law Group, Stockholm University School, Jindal University ■ Beth Gaze, ‘Unpacking Intention and Causation in Anti- ■ Joo-Cheong Tham, ‘Transparency and Political Discrimination Law’, Berkeley Comparative Equality and Accountability in Australia’, ‘The Future of Electoral Anti-Discrimination Law Study Group, Stockholm University Democracy in India and Australia’, India Habitat Centre, ■ John Howe and Ingrid Landau, ‘The Power of the Purse: Delhi Public Procurement, Labour Standards and the Neglected Question of Compliance’, Labour Law Research Network Conference, Valparaíso OCTOBER ■ Liam Elphick, ‘The Religious Discrimination Bill: An Explainer’, The University of Western Australia Ally Network JULY Seminar, University of Western Australia ■ Sayomi Ariyawansa, ‘Exploitation and Temporary Migrant ■ Sean Cooney, ‘International Anti-Discrimination Law Workers’, Global Summit on Labor Migration, Global Labor and Trade Agreements’, National Sun Yat Sen University Migration Network, Amsterdam Department of Sociology ■ Sarah Biddulph, ‘Bureaucratic Inertia in Health and ■ Sean Cooney, ‘Technological Innovation and the Law of Safety Enforcement in China’, Global Challenges and Local Work: Challenges to Legal Regulation’, Tsinghua University Responses: Transformation of Labour Relations and Legal Framework in Vietnam and Emerging Economies, Ho Chi ■ Sean Cooney, ‘The ILO’s Violence and Harassment Minh City University of Law Convention 2019’, Peking University Law School ■ Alysia Blackham, ‘Working at the Edges of Legal Protection: Equality Law and Youth Work Experience from NOVEMBER a Comparative Perspective’, invited paper, International ■ Sarah Biddulph, ‘Governance from the Ground Up’, The Symposium on Internships/Traineeships, International Second National Governance Model Reform and Ruling by Labour Organisation Law, South China Normal University School of Law ■ Anna Chapman and Beth Gaze, ‘Adverse Action ■ Beth Gaze, Panel Chair, Australian Equality Law Forum, Protections: High Expectations Dashed in 10 Years of Melbourne Law School Disappointment?’, ‘The Fair Work Act a Decade On: The Consequences of Compromise’, Melbourne Law School ■ Beth Gaze, Panel Speaker, ‘Working Together: People, Diversity and Inclusion’ at 2019 Melbourne University ■ Beth Gaze, ‘Me Too But Not That Way: Employer Sexual Research Conference: Working Together, University of Harassment Policies And Protecting The Victims Of Sexual Melbourne Harassment’, Regulating for Decent Work Conference, International Labour Organisation ■ John Howe and Ingrid Landau, ‘Human Rights Due Diligence in Legislation on Public Procurement and Modern Slavery’, ■ Tess Hardy, ‘Trivial to Troubling: The Evolution of Workshop on Public Procurement and Modern Slavery, Enforcement Under the Fair Work Act’, ‘The Fair Work Act a King’s College London Decade On: The Consequences of Compromise’, Melbourne Law School DECEMBER ■ Caroline Kelly, Panel Chair, ‘Democratic Socialism, Labour Law and Trade Unions’, Symposium for the Centenary of the ■ Beth Gaze, ‘Religious Speech and Anti-Discrimination International Labour Organisation: Democracy, Labour Law Law,’ invited paper, ‘The Future of Freedom of Speech and and the Role of Trade Unions, Melbourne Law School Religion after Israel Folau’, Deakin University

Annual Report 2019 29 PUBLICATIONS

During 2019, Centre members’ research appeared in a wide range of publications, both Australian and international.

BOOKS ■ Sarah Biddulph, ‘Bureaucratic Inertia and its Impact on Workplace Safety Regulation’ in Sarah Biddulph and Ljiljana ■ Alysia Blackham, Empirical Research and Workplace Biukovic eds., Good Governance in Economic Development: Discrimination Law (Brill Research Perspectives Series on International Norms and Chinese Perspectives (UBC Press, 2019). Comparative Discrimination Law) (Brill, 2019). ■ Sarah Biddulph and Ljiljana Biukovic, ‘Who are the Important Actors in Shaping the Good Governance Principles EDITED BOOKS Transparency and Accountability?’ in Sarah Biddulph ■ Sarah Biddulph and Joshua Rosenzweig eds., Handbook on and Ljiljana Biukovic eds., Good Governance in Economic Human Rights in China (Edward Elgar, 2019). Development: International Norms and Chinese Perspectives ■ Sarah Biddulph and Ljiljana Biukovic eds., Good Governance (UBC Press, 2019). in Economic Development: International Norms and Chinese ■ Alysia Blackham, ‘Re-Systematising Labour Law: Beyond Perspectives (UBC Press, 2019). Traditional Systems Theory and Reflexive Law?’ in Alysia ■ Alysia Blackham, Miriam Kullmann and Ania Zbyszewska eds., Blackham, Miriam Kullmann and Ania Zbyszewska eds., Theorising Labour Law in a Changing World: Towards Inclusive Theorising Labour Law in a Changing World: Towards Inclusive Labour Law (Hart Publishing, 2019). Labour Law (Hart Publishing, 2019). ■ Alysia Blackham, Miriam Kullmannand and Ania Zbyszewska, BOOK CHAPTERS ‘Introduction’ in Alysia Blackham, Miriam Kullmann and Ania Zbyszewska eds., Theorising Labour Law in a Changing World: ■ Michelle Welsh and Helen Anderson, ‘Phoenix Companies Towards Inclusive Labour Law (Hart Publishing, 2019). As An Abuse Of Companies’ in Birkmose, Neville and Engsig Sørensen eds., Abuse of Companies (Kluwer, 2019). ■ Alysia Blackham and Catherine Barnard, ‘The Self-Employed and the Welfare State in the EU: Insights from Gender and Race ■ Sarah Biddulph, ‘Arbitrary Detention’ in Sarah Biddulph and Equality Law’ in Mies Westerveld and Marius Olivier eds., Social Joshua Rosenzweig eds., Handbook of Human Rights in China Security Outside the Realm of the Employment Contract: Informal (Edward Elgar, 2019). Work and Employee-Like Workers (Edward Elgar, 2019). ■ and Joshua Rosenzweig, ‘Introduction to the Sarah Biddulph ■ Iain Campbell, ‘Zero Hours Work Arrangements in New Handbook of Human Rights in China’ in Sarah Biddulph and Zealand: Union Action, Public Controversy and Two Regulatory Joshua Rosenzweig eds., Handbook of Human Rights in China Initiatives’, in Michael O’Sullivan et al. eds., Zero-Hours and On- (Edward Elgar, 2019). Call Work in Anglo-Saxon Countries (Springer, 2019). ■ and Ljiljana Biukovic, ‘International Good Sarah Biddulph ■ Iain Campbell, Fiona Macdonald, and Sara Charlesworth, Governance Norms Between the Global and the Local: ‘On-Demand Work in Australia’, in Michael O’Sullivan et al. China, Transparency and Accountability’ in Sarah Biddulph eds., Zero-Hours and On-Call Work in Anglo-Saxon Countries and Ljiljana Biukovic eds., Good Governance in Economic (Springer, 2019). Development: International Norms and Chinese Perspectives (UBC Press, 2019). ■ Kate Offer, Murray Wesson, Fiona McGaughey, Natalie Skead and Liam Elphick, ‘“Why Bother if the Students Don’t?” The ■ Sarah Biddulph and Wang Haifeng, ‘Transparency and Impact of Declining Student Attendance at Lectures on Law Accountability in Governance in China: Evaluating Legal Teacher Wellbeing’ in Judith Marychurch and Adiva Sifris eds., Reforms’ in Sarah Biddulph and Ljiljana Biukovic eds., Good Wellness for Law: Making Wellness Core Business (LexisNexis, Governance in Economic Development: International Norms and 2019). Chinese Perspectives (UBC Press, 2019). ■ Ingrid Landau and John Howe, ‘State Extraterritorial ■ Sarah Biddulph, ‘The Concept of Public Participation: Regulation and Decent Work in the Asia Pacific’ in Janice Planning and Housing Resumption Decisions in Shanghai’ in Bellace and Beryl ter Haar eds., Research Handbook on Labour, Sarah Biddulph and Ljiljana Biukovic eds., Good Governance Business and Human Rights Law (Edward Elgar, 2019). in Economic Development: International Norms and Chinese Perspectives (UBC Press, 2019). ■ Petra Mahy, Richard Mitchell, John Howe and Maria Azzurra Tranfaglia, ‘What is Actually Regulating Work? A Study of Restaurants in Indonesia and Australia’, in Diamond Ashiagbor ed., Re-Imagining Labour Law for Development: Informal Work in the Global North and South (Hart Publishing, 2019).

30 Centre for Employment and Labour Relations Law Melbourne Law School JOURNAL ARTICLES – REFEREED ■ Monica Brierley-Hay and Liam Elphick, ‘Riding Towards Inclusion in the Film Industry: Positive Action and Special ■ Helen Anderson, ‘Determining Secondary Liability: In Search Measures Under Australian Discrimination Law’ (2019) 23(2) of Legislative Coherence’ (2019) 43(1) Melbourne University Law Media and Arts Law Review 143-175. Review 1 – 43. ■ Tess Hardy, Richard Johnstone and John Howe, ‘Emerging ■ Helen Anderson, ‘A New Approach to Corporate Structures Business Models and the Evolving Regulatory Response: Involved in Labour Law Breaches’ (2019) 32(1) Australian Perspectives from Australia and Beyond’ (2019) 32 Australian Journal of Labour Law 23 - 40. Journal of Labour Law 1-4. ■ Michael Welsh and Helen Anderson, ‘Director Restriction: An ■ Tess Hardy, ‘Shifting Risk and Shirking Responsibility: The Alternative to Disqualification For Corporate Insolvency’ (2019) Challenge of Upholding Employment Standards Regulation 37(1) Company and Securities Law Journal 23 - 41. within Franchise Networks’ (2019) 32 Australian Journal of ■ Helen Anderson, ‘Piercing The Corporate Veil To Reach The Labour Law 62-83. Money For Employees: Why, How And Where To Next?’ (2019) ■ Tess Hardy, ‘Big Brands, Big Responsibilities? An Examination 36(7) Company and Securities Law Journal 536 – 551. of Franchisor Accountability for Employment Contraventions in ■ Susan Kneebone, Brandais York, Sayomi Ariyawansa, the United States, Canada and Australia’ (2019) 40 Comparative ‘Degrees of Statelessness: Children of Returned Marriage Labour Law and Policy Journal 285-324. Migrants in Can Tho, Vietnam’ (2019) 1 Statelessness and ■ Chris Dent and John Howe, ‘Ownership of New Knowledge Citizenship Review 69-94. Created in a Contracted Relationship’ (2019) 32 Australian ■ Dominique Allen and Alysia Blackham, ‘Under Wraps: Secrecy, Journal of Labour Law 147-169. Confidentiality and the Enforcement of Equality Law in Australia and ■ Anthony Forsyth and John Howe, ‘Reaching Across the Ditch: the UK’ (2019) 43(2) Melbourne University Law Review 384-422. Similarities and Differences in The Trajectory of Australian and ■ Alysia Blackham, ‘Reconceiving Judicial Office Through a New Zealand Regulation of Collective Labour Relations 1988-2018’ Labour Law Lens’ (2019) 47(2) Federal Law Review 203–230. (2019) 50 Victoria University of Wellington Law Review 215-231. ■ Alysia Blackham, ‘An Experimentalist Approach to Equality: ■ Joo-Cheong Tham and Judy Fudge, ‘Unsavoury Employer A Case Study of Retirement in the UK University Sector’ (2019) Practices: Understanding Temporary Migrant Work in the 39(4) Legal Studies 598–617. Australian Food Services Sector’ (2019) 1 International Journal ■ Alysia Blackham, ‘Interrogating the “Dignity” Argument for of Comparative Labour Law and Industrial Relations 31–56. Mandatory Retirement: An Undignified Development?’ (2019) ■ Zim Nwokora, Malcolm Anderson, Joo-Cheong Tham, Anika 48(3) Industrial Law Journal 377–415. Gauja, Stephen Mills and Narelle Miragliotta, ‘Political Finance ■ Alysia Blackham and Dominique Allen, ‘Resolving Regulation and Reform in New South Wales: Towards a Fairer Discrimination Claims outside the Courts: Alternative Dispute System?’ (2019) 65 Australian Journal of Politics and History 115- Resolution in Australia and the United Kingdom’ (2019) 31 134. Australian Journal of Labour Law 253–278. ■ Alysia Blackham, ‘Young Workers and Age Discrimination: OTHER PUBLICATIONS Tensions and Conflicts’ (2019) 48(1) Industrial Law Journal 1–33. ■ Alysia Blackham, ‘Age Discrimination Beyond Employment’ ■ Iain Campbell, Maria-Azzurra Tranfaglia, Joo-Cheong Tham, (2019) 52 Kobe University Law Review 1-17. and Martina Boese, ‘Precarious Work and the Reluctance to ■ Tess Hardy and Sayomi Ariyawansa, ‘Literature Review on Complain: Italian Temporary Migrant Workers in Australia’ the Governance of Work’ (International Labour Organisation (2019) 29(1) Labour and Industry 98-117. Working Paper Series, December 2019). ■ Iain Campbell, ‘Harvest Labour Markets in Australia: Alleged ■ Caroline Kelly, Julian Sempill, and Joo-Cheong Tham eds., Labour Shortages and Employer Demand for Temporary ‘Papers from the Symposium on the Centenary of the ILO: Migrant Workers’ (2019) 84 Journal of Australian Political Democracy, Labour Law and Trade Unions’ (December 2019). Economy 46-88. ■ Joo-Cheong Tham, ‘Democracy before Dollars: The Problems ■ Petra Mahy, Richard Mitchell, Carolyn Sutherland, Peter Gahan, with Money in Australian Politics and How to Fix Them’ (Papers Anthony O’Donnell, Sean Cooney, Gordon Anderson, Lingfeng on Parliament Lectures in the Senate Occasional Lecture Series Mao and Andrew Stewart, ‘Measuring Worker Protection Using and Other Papers, vol 70, December 2019) 23–38; (2019) 90(2) Leximetrics: Illustrating a New Approach in Four Asia-Pacific AQ: Australian Quarterly 20–32. Countries’ (2019) 67 American Journal of Comparative Law 515–549. ■ Yee-Fui Ng and Joo-Cheong Tham, ‘Enhancing the Democratic ■ Belinda Smith, Melanie Schleiger and Liam Elphick, Role of Direct Lobbying in NSW’ (Discussion Paper prepared ‘Preventing Sexual Harassment in Work: Exploring the Promise for the New South Wales Independent Commission Against of Work Health and Safety Laws’ (2019) 32(2) Australian Journal Corruption, 2019). of Labour Law 219-249. Annual Report 2019 31 SUMMARY OF CENTRE GENERAL ACCOUNT 2019

INCOME 2019

Brought Forward from 2018 $70,288

2019 Sponsorship $49,428

Faculty Allocation $7,500

Seminar / Conference Registration $2,545

Total Income $129,761

EXPENDITURE 2019

Salary expenditure $9,430

CELRL PhD Scholarships $18,510

Consumable goods and services $6,827

Infrastructure related expenses $636

Travel, conferences and catering $15,322

Grant Expense $4,255

Total Expenditure $54,980

BALANCE $74,781

32 Centre for Employment and Labour Relations Law Melbourne Law School

law.unimelb.edu.au/centres/celrl

Published August 2020 by: Contact us Centre for Employment and Labour Relations Law Melbourne Law School law.unimelb.edu.au/centres/celrl University of Melbourne +61 3 8344 8924 Address is located at: University of Melbourne [email protected] Victoria 3010 Australia @CELRL_Melbourne