The degree to which legislation on labour relations and other societal institutions creates value and mitigates harm is explored in this article through a framework designed to guide both the authoring and the analysis of objects of such legislation. Creating value and mitigating harm are typically explicit in the objects of public policy and implicit in adjudication, administration and adherence under public policies. Although conceptually distinct, creating value and mitigating harm can be both complementary and detrimental to each other. This article reviews various combinations of legislative objects over more than a century of Australian labour and employment relations policy. The objects examined include the prevention of industrial disputes, the introduction of a social minimum wage, the expansion of enterprise bargaining, expansion or curtailment of tribunal powers by government and other developments. Questions of ‘for whom?’ value is created or harm is mitigated are key. As an inductive study, the article concludes with hypotheses to guide future research, including implications that reach beyond Australia and employment legislation.

The model of social dialogue within organisations between management and employees is facing unprecedented challenges, and changing rapidly. In this new context of labour relations, experiences and expectations of each other are key drivers for the primary parties to this social dialogue. There has been little systematic research investigating the conditions for constructive social dialogue, particularly when it comes to ‘soft factors’, such as perceived competences, trust, influence and conflict behaviours. Addressing these issues based on theories of conflict, trust and influence, this article investigates experiences and expectations of employee representatives on the part of human resource managers, their counterparts in social dialogue. The results of surveys conducted in 11 European countries indicate that, overall, employers found a model of structured dialogue with elected employee representatives useful. Furthermore, competences of employee representatives, cooperative conflict behaviours, informal relations and trust promoted the influence of employee representatives on organisational decision-making and the quality of these decisions. We discuss implications for different systems of industrial relations.

Within the context of the Australian Senate’s Inquiry into corporate avoidance of the Fair Work Act 2009, this research examines regulatory avoidance in the temporary work agency industry. The findings highlight that regulatory avoidance in Australian temporary work agencies has intensified and expanded, normalising exploitation and further exacerbating precarious work and its detrimental outcomes. The study contributes to debates regarding regulation of temporary work agencies and illustrates the importance of examining how regulatory avoidance is constructed and played out in national contexts.

Wage theft has emerged as a major problem for regulation of work in Australia. Yet, the state has done little to address the issue. In this context, this article considers why there has been recent growth in reported cases of underpayment of wages, particularly of temporary migrant workers, and why the state has failed to implement a strategy to adequately address this problem. The article examines the fragmented nature of employment regulation and visa categories constraining worker agency which, combined with widening avenues for temporary migration, have contributed to the underpayment problem. We also consider how conflicting imperatives of the state, business influence over the policy process and weak political incentives to address underpayment help to account for the state’s inaction.

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of CAD295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by looking at this development in the broader context of employment standards enforcement and its historical trajectory. Then, using administrative data from the Ministry of Labour, we examine when and why tickets are issued in the course of workplace inspections. After demonstrating that even when ticketable violations are detected, tickets are issued only rarely, we explore factors associated with an increased likelihood of an inspector issuing a ticket. Finally, we consider how the overall deterrent effect of workplace inspections is influenced by the use or non-use of deterrence tools.

This review article discusses MacLean’s study of the ideas of a group of economists and their embracing by an oligarchy of business groups to implement a Neoliberal agenda and its implications for American democracy. It mainly focuses on the Nobel Prize winning economist James McGill Buchanan and the industrialist Charles Koch. Business groups provided funds to Buchanan and others to train right-minded people in the precepts of Neoliberalism, established think tanks and institutes to disseminate their views, and ‘directed’ and/or provided advice and draft legislation for Republican politicians at both the state and federal level. Inspiration for how to achieve this Neoliberal ‘revolution’ can be found in Lenin’s 1902 What is to be Done?. The Neoliberal attack on government and statism is consistent with Orwell’s notion of doublethink. It constitutes a weakening of those parts of the state which are inimical to the interests of a wealthy oligarchy, the federal government and agencies/government departments who are viewed as imposing costs (taxes) on and interfering with (regulating) the actions of the oligarchy, and strengthening other parts such as state governments, the judiciary, at both the state (especially) and federal level and police forces to protect and advance their interests.