In Defence of Labour Law

Abstract

This paper articulates a defence of labour law in the face of a multidimensional attack on the very existence of labour law in Australia. It critiques the Work Choices legislation from a number of angles, including: the elevated importance of individual agreement-making over collective bargaining; the erosion of conciliation and arbitration; and the corporatisation of labour law. It outlines the dangers inherent in Australia's new regulation-centred labour law scholarship. Finally, the paper emphasises the importance of labour law scholarship at universities.

Keywords: Collective bargaining, future of industrial relations, Work Choices legislation, corporations power, Australian Constitution

JEL Classification: K10, K31, J53, J52, J58