Beyond Employment: The Legal Regulation of Work Relationships

摘要: Australian labour law, at least from the mid-twentieth century, was dominated by employment paradigm: assumption that law’s scope regulation of relationships –full-time and part-time, continuing, fixed term or casual – with a single (usually corporate) entity employer. But no sooner had paradigm established consolidated its shape, it began to fall apart. Since 1980s there has been significant growth patterns work outside this paradigm, driven organisational restructuring management techniques such as hire, sub-contracting franchising. Beyond Employment analyses way in which law is being reframed shift away pre-eminence paradigm. Its principal concern legal construction various forms contracting, including hire arrangements, complex contractual chains modern like franchising, employment. It outlines current array Australia, describes those continuous are regulated. The book seeks answer central question: How does (legal rules principles) construct these relationships, how regulate relationships? The identifies draws lines between through use contract property ownership, describes, synthesises govern different relationships. explored traditional lens protective function, principally four themes: control property, distribution risks rewards; maintenance income security; access collective voice mechanisms, focusing on bargaining; health, safety welfare. critically evaluates gaps coverage content principles, implications for workers. also reflects upon power underpin arrangements focus enhanced laws property. Finally, frames an agenda address identified weaknesses insofar they affect economic wellbeing, democratic voice, health