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

19 Pages Posted: 28 Oct 2020

See all articles by Tess Hardy

Tess Hardy

University of Melbourne - Law School

Date Written: October 27, 2020

Abstract

When the Fair Work Act 2009 (Cth) was first introduced, compliance issues were viewed as somewhat trifling and the enforcement framework generated very little discussion, let alone debate. Early reviews of the Office of the Fair Work Ombudsman (FWO) generally reached positive conclusions about the level of employer non-compliance and the FWO’s overall response. However, the tide turned in 2015 following the 7-Eleven underpayment scandal. Since this time, there has been, and continues to be, a sense that there is now an enforcement crisis. While the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) introduced a number of far-reaching reforms, many believe more needs to be done. This article charts some of the most critical forces which have shaped compliance promotion and enforcement processes over the past 10 years and reflects on how this response may continue to evolve into the future.

Keywords: enforcement, Fair Work Act

JEL Classification: K31

Suggested Citation

Hardy, Tess, Trivial to Troubling: The Evolution of Enforcement under the Fair Work Act (October 27, 2020). Australian Journal of Labour Law, Vo. l33, No. 1, 2020, U of Melbourne Legal Studies Research Paper No. 909, Available at SSRN: https://ssrn.com/abstract=3719849

Tess Hardy (Contact Author)

University of Melbourne - Law School ( email )

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
62
Abstract Views
262
Rank
525,815
PlumX Metrics