Law and Regulatory Style in Australian Corporate Governance and Employment Systems

Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice, Chapter 2, 2011

35 Pages Posted: 6 Jan 2018

See all articles by Richard Mitchell

Richard Mitchell

Monash University - Department of Business Law & Taxation

Anthony O'Donnell

La Trobe Law School

Shelley D. Marshall

RMIT University

Ian Ramsay

Melbourne Law School - University of Melbourne

Meredith A. Jones

University of Melbourne - Law School

Date Written: April 30, 2011

Abstract

The ‘legal origins’ literature is comprised of an empirical body of scholarship that examines the relationship between the law and the prevailing type of economic organisation in countries, including national structures of corporate ownership and control. At present there is a less developed body of work on the role of law in shaping and securing particular patterns of employment relations and work systems, although labour law scholars have recently begun to explore how law as a social system may produce national differences in labour management styles. Moreover there has also been some attempt to examine how certain forms of corporate law might broadly align with certain approaches to labour regulation, creating legal and institutional complementarities between the two. The discussion in this chapter presents an overview of the historical development of corporate law and labour law regulation since the British colonisation of Australia. The account in the chapter of the development over time of the regulatory framework is designed to allow the authors to draw a meaningful characterisation of the Australian regulatory style, and, hence, to place it within this emerging international scholarship.

Suggested Citation

Mitchell, Richard James and O'Donnell, Anthony and Marshall, Shelley D. and Ramsay, Ian and Jones, Meredith A., Law and Regulatory Style in Australian Corporate Governance and Employment Systems (April 30, 2011). Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice, Chapter 2, 2011. Available at SSRN: https://ssrn.com/abstract=3095077

Richard James Mitchell

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

Anthony O'Donnell

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia
03 9479 1256 (Phone)

Shelley D. Marshall

RMIT University ( email )

Melbourne Campus
Building 13
Melbourne, Victoria 3000
Australia
+613 99251382 (Phone)

HOME PAGE: http://www.rmit.edu.au

Ian Ramsay (Contact Author)

Melbourne Law School - University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 5332 (Phone)

HOME PAGE: http://law.unimelb.edu.au/about/staff/ian-ramsay

Meredith A. Jones

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://cclsr.law.unimelb.edu.au/index.cfm?objectid=E3D272AA-B0D0-AB80-E29ECC5DD9A85AF7#meredith

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