Protecting Employee Entitlements from Foul Play: reform of insolvency law in Australia

By Adrian Murray

Politicians, academics, the media, unions and business groups have all offered various proposals for protecting workers entitlements.

This is in the wake of the collapse of Ansett (workers owed $670 million) and after workers in three NSW mines were left owing $20 million.

Murray seeks to establish that there is a need for government intervention to establish a power to protect entitlements. The response of the federal government thus far is critically analysed to show that reform of the current system is needed. A model for a court based contribution power to protect employee entitlement is presented.

(University of Melbourne. Centre for Employment and Labour Relations Law. Working Paper no. 28, May 2003)