Tess Hardy

University of Melbourne - Law School

University Square

185 Pelham Street, Carlton

Victoria, Victoria 3010

Australia

  • University of Melbourne - Law School

SCHOLARLY PAPERS

22

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CROSSREF CITATIONS

12

Scholarly Papers (22)

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1.

Partners in Enforcement? The New Balance between Government and Trade Union Enforcement of Employment Standards in Australia

Australian Journal of Labour Law, Vol. 23, No. 3, 2009, U of Melbourne Legal Studies Research Paper No. 509
Number of pages: 31 Posted: 06 Dec 2010
Tess Hardy and John Howe
University of Melbourne - Law School and University of Melbourne Law School
Downloads 1,376 (22,350)

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enforcement, trade unions, Fair Work Act

2.

Accountability and the Fair Work Ombudsman

Australian Journal of Administrative Law, Vol. 18, No. 3, 2011, U of Melbourne Legal Studies Research Paper No. 577
Number of pages: 7 Posted: 17 Apr 2012
Tess Hardy and John Howe
University of Melbourne - Law School and University of Melbourne Law School
Downloads 244 (194,074)

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fair work ombudsman, work choices, accountability

3.

Who Should Be Held Liable for Workplace Contraventions and on What Basis?

Australian Journal of Labour Law, Volume 29 (2016)
Number of pages: 32 Posted: 17 May 2018 Last Revised: 19 Aug 2020
Tess Hardy
University of Melbourne - Law School
Downloads 193 (241,511)

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exploitation, employment standards

4.

Too Soft or Too Severe? Enforceable Undertakings and the Regulatory Dilemma Facing the Fair Work Obmudsman

Federal Law Review, Vol. 41, No. 1, 2013, U of Melbourne Legal Studies Research Paper No. 669
Number of pages: 33 Posted: 20 Dec 2013
Tess Hardy and John Howe
University of Melbourne - Law School and University of Melbourne Law School
Downloads 128 (339,063)

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Fair Work Ombudsman, Fair Work Act

5.

Working for the Brand: The Regulation of Employment in Franchise Systems in Australia

Australian Business Law Review, Vol. 48, No. 3, 2020, U of Melbourne Legal Studies Research Paper No. 915
Number of pages: 24 Posted: 01 Dec 2020
Tess Hardy
University of Melbourne - Law School
Downloads 115 (366,498)

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wage theft, franchise systems, Australia

6.

Enrolling Non-State Actors to Improve Compliance with Minimum Employment Standards

Economic and Labour Relations Review, Vol. 22, No. 3, 2011, U of Melbourne Legal Studies Research Paper No. 589
Number of pages: 25 Posted: 16 May 2012 Last Revised: 12 Jun 2012
Tess Hardy
University of Melbourne - Law School
Downloads 97 (411,871)

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employment, standards

7.

Creating Ripples, Making Waves? Assessing the General Deterrence Effects on Enforcement Activities of the Fair Work Ombudsman

39(4) Sydney Law Review (2017), 471-500, U of Melbourne Legal Studies Research Paper No. 761
Number of pages: 31 Posted: 02 Mar 2018 Last Revised: 30 Mar 2018
Tess Hardy and John Howe
University of Melbourne - Law School and University of Melbourne Law School
Downloads 66 (515,402)

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employment, Australia, Fair Work Ombudsman

8.

Trivial to Troubling: The Evolution of Enforcement under the Fair Work Act

Australian Journal of Labour Law, Vo. l33, No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 909
Number of pages: 19 Posted: 28 Oct 2020
Tess Hardy
University of Melbourne - Law School
Downloads 65 (519,439)

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enforcement, Fair Work Act

9.

Digging Into Deterrence: An Examination of Deterrence-Based Theories and Evidence in Employment Standards Enforcement

International Journal of Comparative Labour Law and Industrial Relations, 2021
Number of pages: 28 Posted: 08 Jun 2021
Tess Hardy
University of Melbourne - Law School
Downloads 53 (572,462)

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Deterrence, Enforcement, Compliance, Employment, Labour, Regulation

10.

Reconsidering the Notion of Employer in the Era of the Fissured Workplace: Traversing the Legislative Landscape in Australia

Reprinted from Bulletin of Comparative Labour Relations, 95, (2017), 53-80, with permission of Kluwer Law International.
Number of pages: 28 Posted: 24 Aug 2020
Tess Hardy
University of Melbourne - Law School
Downloads 51 (582,205)

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Labor Law, Enforcement, Work Health and Safety, Competition and Consumer Regulation

11.

Chain Reaction: A Strategic Approach to Addressing Employment Non-Compliance in Complex Supply Chains

Journal of Industrial Relations, Vol. 57, No. 4 (2015), U of Melbourne Legal Studies Research Paper No. 777
Number of pages: 24 Posted: 24 May 2018 Last Revised: 11 Jun 2018
Tess Hardy and John Howe
University of Melbourne - Law School and University of Melbourne Law School
Downloads 48 (597,376)
Citation 1

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Fair Work Ombudsman, employer

12.

Big Brands, Big Responsibilities? An Examination of Franchisor Accountability for Employment Contraventions in the United States, Canada, and Australia

Comparative Labor Law and Policy Journal, Vol 42, No. 2, 2018, U of Melbourne Legal Studies Research Paper No. 922
Number of pages: 41 Posted: 22 Dec 2020
Tess Hardy
University of Melbourne - Law School
Downloads 46 (607,822)

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franchise workers, regulation, labor law

13.

Mandate, Discretion and Professionalisation in an Employment Standards Enforcement Agency: An Antipodean Experience

Law & Policy, Vol. 35, No. 1-2, 2013, U of Melbourne Legal Studies Research Paper No. 664
Number of pages: 48 Posted: 16 Dec 2013
John Howe, Tess Hardy and Sean Cooney
University of Melbourne Law School, University of Melbourne - Law School and University of Melbourne - Law School
Downloads 43 (624,370)

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regulatory enforcement, employment standards, labour inspection, relational regulation

14.

Bargaining in a Vacuum? An Examination of the Proposed Class Exemption for Collective Bargaining for Small Businesses

(2020) 42(3) Sydney Law Review 311
Number of pages: 32 Posted: 03 Feb 2021
Tess Hardy and Shae McCrystal
University of Melbourne - Law School and The University of Sydney Law School
Downloads 35 (671,462)

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Collective bargaining; contractors; employment; competition and consumer regulation

15.

The State Strikes Back: Supervision and Sanctioning of Unlawful Industrial Activity by Federal Government Agencies in Australia

Shae McCrystal, Breen Creighton and Anthony Forsyth (eds) Collective Bargaining under the Fair Work Act (Federation Press, 2018)
Number of pages: 17 Posted: 19 Oct 2020 Last Revised: 27 Nov 2020
Tess Hardy
University of Melbourne - Law School
Downloads 32 (690,837)

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Labour Law; Trade Unions; Enforcement; Regulatory Agency; Industrial Action; Collective Bargaining

16.

Superannuation Guarantee Contributors as a Tax: The Case for Reincarnation over Reform

Australian Tax Forum, Vol. 33, No. 4 (2018), U of Melbourne Legal Studies Research Paper No. 800
Number of pages: 37 Posted: 11 Dec 2018
Helen L. Anderson and Tess Hardy
Melbourne Law School and University of Melbourne - Law School
Downloads 30 (704,478)

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superannuation, tax,

17.

The Interaction of Labour Inspection and Private Compliance Initiatives: A Case Study of Better Work Indonesia

Better Work Discussion Paper Series: No. 21
Number of pages: 56 Posted: 19 Oct 2020
Tess Hardy, Ockert Dupper and Colin Fenwick
University of Melbourne - Law School, affiliation not provided to SSRN and International Labour Office
Downloads 29 (711,373)

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Transnational labour governance, Better Work, International Labour Organization, Enforcement, Labour Inspection

18.

Less Energetic, but More Enlightened? Exploring the Fair Work Ombudsman’s Use of Litigation Since Work Choices

(2013) 35 Sydney Law Review 565
Number of pages: 33 Posted: 23 Jan 2021
Tess Hardy, John Howe and Sean Cooney
University of Melbourne - Law School, University of Melbourne Law School and University of Melbourne - Law School
Downloads 19 (787,764)

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Litigation, Enforcement, Regulatory Agency, Deterrence, Labour Law

19.

Left Out in the Cold: Homelessness and Anti-Discrimination Law

(2005) 18(1) Parity 75
Number of pages: 4 Posted: 07 Oct 2020
Tess Hardy
University of Melbourne - Law School
Downloads 11 (858,368)

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Discrimination, Homelessness

20.

Who Should be the Super Police? Detection and Recovery of Unremitted Superannuation

(2014) 37(1) UNSW Law Journal 162
Number of pages: 33 Posted: 07 Oct 2020
Helen L. Anderson and Tess Hardy
Melbourne Law School and University of Melbourne - Law School
Downloads 10 (867,605)

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Superannuation; Enforcement; Regulatory Agency; Tax; Labour Law

21.

Literature Review on the Governance of Work

International Labour Organization 2019
Posted: 29 Dec 2020
Tess Hardy and Sayomi Ariyawansa
University of Melbourne - Law School and University of Melbourne

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Governance, Transnational Labor Governance, Enforcement, Labor Inspection, Labor Administration

22.

Superannuation Guarantee Contributions as a Tax: The Case for Reincarnation Over Reform

Australian Tax Forum, Vol. 33(3), 2018
Number of pages: 36 Posted: 01 Oct 2018
Helen L. Anderson and Tess Hardy
Melbourne Law School and University of Melbourne - Law School
Downloads 0 (956,742)
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