Labour Law and the New Economy

By Joanne Conaghan, Ron McCallum, Joellen Riley, Marilyn Pittard

The New Economy is upon us, so we are informed. These scholars look at what the New Economy is supposed to be and the implications this has for the way work is performed and regulated.

Joanne Conaghan looks at how some scholars see the New Economy as an opportunity to chart new territory for labour law academics, as all is thrown into disarray. She sees the New Economy as a potential threat to workers that must be engaged and approached with caution. So the question of the impact of international standards on local laws I s central, as are issues of deregulation and privatisation.

Ultimately it is a question of decent work, and an openness for labour law scholars to expand their discipline to look at work as a whole, not through narrow legal lenses.

Ron McCallum looks at the integration of the Australian economy with the international New Economy. More corporations are employing people across national boundaries, and doing business across boundaries, he says. The impact of conflicts of law is thus more significant than they have been. In Australia there has long been conflict between federal and state jurisdictions. He looks at recent Australian case law involving claims for workers compensation and for access to unfair contracts jurisdiction. In relation to offshore circumstances, the article examines a range of issues including extra-territorial operation of Australian labour law statutes, especially those regulating termination.

Joellen Riley focuses on the growth of individual bargaining that is a characteristic of the New Economy, promoted by legislation and ideology. She argues that 21st century Australian contract law is capable of developing a duty of fair dealing at the workplace, and that such development is consistent with developments in general Australian commercial law, and with developments in English employment law. She concludes with a warning about relying on private regulation to produce fair outcomes at the workplace.

Marilyn Pittard looks at how information technology has led to new and unexpected challenges to the traditional nature of employment. Home-based work has blurred the distinction between private and public and raises its own set of legal issues. What rights and obligations exist for employers and employees when these arrangements are in place? How are privacy and security concerns to be balanced? Can employees allege discrimination against employers who fail to provide equipment to undertake home based work? What is the content and coverage of enterprise agreements and awards that regulate home-based work?

These papers were originally presented at the Australian Labour law Conference at Melbourne University in October 2002.

(Australian Journal of Labour Law. vol. 16, no. 1, May 2003)