This paper reconsiders the orthodox Anglo-American understanding of labour as a constituency situated outside of the core corporate governance domain. It challenges the dominant neo-classical theory of the firm, which asserts that shareholders are in general the only group of ‘incomplete’...

Although employee-representation systems coexist with a collective-bargaining framework in continental Europe for many years, US labor advocates have looked upon those representations systems with suspicion. The reasons for this suspicion are historical: US employee-representation systems have...

Digital transformation and the reorganization of the firm have given rise to new forms of work that diverge significantly from the standard employment relationship. Advocates of digital disruption suggest that the existing legal framework cannot accommodate “innovative” working templates and...

This paper argues that employers should adopt practices that provide employees with opportunities to exercise voice. Time and time again, we see corporate scandals that could have been avoided if employees were encouraged to speak up when they saw problems in the workplace. Recent scandals...

The protection of collective worker voice in common law countries with strong collectivist traditions like Australia and the UK is problematic where collective bargaining and trade unions are no longer promoted by state apparatus. This paper examines the changing nature of voice in the context...

Originally, anchoring labour rights to the existence of a personal relationship of subordination was functional to prevent the greater bargaining strength of the employed being disproportionately reflected in the terms and conditions regulating the provision of labour. This does not seem anymore...

We analyse how sectoral innovation outcomes are affected by national legislations of worker participation to corporate governance. We develop a model of employee representation laws (ERL) and innovation in the presence of incomplete labour contracts and predict heterogeneous ERL effects across...

Collective bargaining by small business actors, including independent contractors, is subject to the anti-competitive conduct provisions in Part IV of the Trade Practices Act 1974 (Cth) (TPA). The Australian Competition and Consumer Commission can authorise the pursuit of conduct that would...

Labour law as an academic sub-discipline has been changing in response to developments in the labour market and work relationships. Especially in Australia, labour law scholarship has increasingly adopted a perspective of law as socially constitutive regulation. This approach draws on the...