Swimming against the tide? Australian labour regulation and the fissured workplace

Johnstone, Richard & Stewart, Andrew (2015) Swimming against the tide? Australian labour regulation and the fissured workplace. Comparative Labour Law & Policy Journal, 37(1), pp. 55-90.

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Abstract

In The Fissured Workplace, David Weil dissects the ways in which ostensibly ‘large’ American businesses have come to shed direct employees and instead source their labour needs through a ‘complicated network of smaller business units’. As he notes, this has increased the profitability of these ‘lead’ businesses, at the expense of those who (ultimately) work for them: Wage setting and supervision shift from core businesses to a myriad of organizations, each operating under the rigorous standards of lead businesses but facing fierce competitive pressures. Although lead businesses set demanding goals and standards, and often detailed work practice requirements for subsidiary companies, the actual liability, oversight, and supervision of the workforce become the problem of one or more other organizations. And by replacing a direct employment relationship with a fissured workplace, employment itself becomes more precarious, with risk shifted onto smaller employers and individual workers, who are often cast in the role of independent businesses in their own right.

Impact and interest:

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ID Code: 91356
Item Type: Journal Article
Refereed: Yes
Keywords: labour law, fissured workplace, Australian Labor Regulations, comparative law
ISSN: 1095-6654
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Comparative Law (180106)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Labour Law (180118)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: University of Illinois * College of Law
Deposited On: 17 Dec 2015 05:19
Last Modified: 18 Dec 2015 00:05

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