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Death of Labour Law?
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Death of Labour Law? by Martin Vranken is available as both an e-book (downloadable PDF files) or a d-book (print-on-demand). Both versions are available for online purchase at the MUP e-store.

Chapter Synopses

  

Preliminary

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Bibliography and Index

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Epilogue

Gives an overview of the Fair Work Bill 2008, introduced to the House of Representatives by the Australian government in November 2008.

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Appendices

Contain the texts of the 1989 Community Charter on Fundamental Social Rights of Workers, the 2000 Charter of Fundamental Rights of the European Union, and the 2007 Common Principles on Flexicurity.

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Chapter 1

Outlines the comparative approach to the study of labour law in general and Australian labour law in particular. It draws attention to the various benefits and pitfalls of the comparative method as it applies to labour law.

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Chapter 2

Introduces the central theme of the book: labour law in essence is about employee protection. Yet, at the start of the twenty first century this concept is being called up for review and Labour law is being touted as an instrument for regulating the labour market. In part, this re-formulation of labour law is occurring in recognition of the use:or rather, usefulness:of labour law as a tool to promote domestic employment opportunities and increase international competitiveness. Taking a historical promenade Chapter 2 examines the current debate about the raison d'être of labour law.

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Chapter 3

Suggests that a back-to-basics approach is the best way to try and make sense of the current disorder in labour law regulation. The focus is on the core concept of employee protection. Employee status represents the corner stone and the underlying rationale of labour law. Various judicial tests for determining employee status have evolved over time. The distinction between employees and contractors, especially, can prove difficult. The problem here is not a purely legal one. At times the debate about employee status acquires a distinctly political dimension and the real question becomes who ought to be treated as an employee for purposes of labour law protection.

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Chapter 4

Focuses on various mechanisms for the official representation and protection of employee interests in labour law. While unions constitute a traditional vehicle for the promotion of these interests, differences as regards the method for selecting the collective spokesperson of employees exist internationally. A discussion of the North American, European and Australasian approaches shows that each union selection device may not be entirely value neutral. Employees in the USA, Australia and New Zealand, in particular, have to make do with relatively few statutory employee rights as compared to their European counterparts. The collective bargaining 'stakes' for employees in these countries then are especially high. Continental European workers, by contrast, additionally benefit from so-called institutionalised forms of employee participation at the place of work.

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Chapter 5

Examines the role of specialist tribunals in the resolution of labour and employment disputes. That role differs depending on the type of dispute at issue. The jurisdiction of European labour courts typically evolves around the legal enforcement of individual (employee) rights. While their Australian and New Zealand counterparts historically operate from a radically different premise, it would seem that the contemporary evolution is towards a convergence of sorts with a European-style labour court.

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Chapter 6

Addresses the international scope of labour law. Following a brief introduction of the International Labour Organisation, the main focus shifts to the regional dimension within the context of the European Union. It is at this supra-national level that the current debate about 'flexicurity', explored in greater detail in the final chapter of the book, must be situated. This chapter demonstrates how the tension between economic and social concerns has shaped European labour law from its very inception. It also serves as a backdrop against which the European Union's infatuation with fundamental (social) rights must be placed.

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Chapter 7

Discusses the deregulation movement in Australia and New Zealand. The Transition to Forward with Fairness Act 2008 (Cth) and, in particular, the drafting of statutory minimum rights for employees through the so-called National Employment Standards in Australia represent the latest phase in a move away from collectivism as the primary pillar upon which labour law depends.

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Chapter 8

Reflects upon the future of labour law. The focal point is a Green Paper by the Commission of the European Communities entitled Modernising Labour Law to Meet the Challenges of the 21st Century. Key feature of the Green Paper is the notion of flexicurity. That term captures the universally applicable objective of effectively balancing flexibility in the labour market with the security of all involved parties.

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