The Legal Complexity of Workplace Regulation and its Impact Upon Functional Flexibility in Australian Workplaces

Abstract

This article argues that the interaction between Australian Workplace Agreements and external regulatory instruments (including the contract of employment, awards and company policies) creates significant complexity and uncertainty in the legal regulation of the employment relationship. It investigates how these complex interactions between regulatory instruments may have the effect of impeding the legal ability of employers to pursue workplace flexibility. Although the focus of the article is upon Australian Workplace Agreements, the issues canvassed apply equally to other regulatory instruments.

Keywords: Australian Workplace Agreements, workplace regulation, employment

JEL Classification: K10, K23