Political Influence and the Enforcement of Minimum Labour Standards in the Australian Federal Industrial Relations Jurisdiction

Abstract

The regulatory enforcement literature distinguishes many influences on enforcement agencies among them the institutional location (and independence) of agencies, and the incumbent government's ideology. Where an agency is located within a dichotomy comprising independent agencies and those tied to the executive arm of government is argued to influence the level of political influence on the agency's operations. Likewise, the collectivist or individualist ideology of a government influences its
willingness to resource enforcement agencies and approve regulatory activities, subject to economic conditions. An exploration of agencies regulating minimum labour standards in the Australian federal industrial relations jurisdiction 1904-2007 highlights differences in Australian practice: institutional location is more complex than the literature reveals, while distinctions between political influence and
agency types are more illusory than real; and prevailing political ideology does not affect minimum labour standards enforcement agencies as much as political needs.