The former Federal Coalition Government’s industrial relations reforms restricted the capacity of state governments to make labour law, inspiring them to consider more innovative ways of regulating labour standards in the private sector including through greater use of public procurement. This article presents a case study of a program in which an Australian state government has sought to use its purchasing power to regulate labour standards in the cleaning industry. The authors assess this program against a model of responsive regulation. They suggest that there is potential to extend this model to other areas of government procurement.
ACT Government (2006) ‘Pre-Qualification Status for Cleaning Contractors: Department of Education and Training’ , 22 April http://www.basis.act.gov.au
2.
Allan, J., MP (2005) ‘More Money, Better Standards for School Cleaners’ , Media Release from the Minister for Skills and Education Services, 21 April.
3.
Ayres, I. and Braithwaite, J. (1992) Responsive Regulation: Transcending the Deregulation Debate . New York: Oxford University Press .
4.
Black, J. (1998) ‘Talking About Regulation’, Public Law (Spring): 77-105.
5.
Cooney, S., Howe, J. and Murray, J. (2006) ‘Time and Money Under Work Choices: Understanding the New Workplace Relations Act as a Scheme of Regulation’, University of New South Wales Law Journal29:215-41.
6.
Estlund, C. (2005) ‘Rebuilding the Law of the Workplace in an Era of Self-Regulation’, Columbia Law Review105:319-404.
7.
Howe, J. (2006a) ‘Deregulation of Labour Relations in Australia: Towards a More "Centred" Command and Control Model’, in C. Arup, P. Gahan , J. Howe, R. Johnstone, R. Mitchell and A. O’Donnell (eds) Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Workplace Relationships. Sydney: Federation Press.
8.
Howe, J. (2006b) ‘"Money and Favours": Government Deployment of Public Wealth as an Instrument of Labour Regulation’, in C. Arup, P. Gahan , J. Howe, R. Johnstone, R. Mitchell and A. O’Donnell (eds) Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Workplace Relationships. Sydney: Federation Press.
9.
Howe, J. and Landau, I. (2007) ‘Light Touch Labour Regulation by State Governments in Australia’, Melbourne University Law Review31:367-99.
10.
International Labour Organization (ILO) (2008 ) General Survey Concerning the Labour Clauses (Public Contracts) Convention 1949 (No. 94) and Recommendation (No. 84). Geneva: International Labour Office.
11.
McCrudden, C. (2007) Buying Social Justice: Equality, Government Procurement and Legal Change. Oxford: Oxford University Press.
12.
Marshall, S. (2006) ‘Australian Textile Clothing and Footwear Supply Chain Regulation’, paper delivered at the Legal Protection of Workers’ Human Rights: Regulatory Changes and Challenges Conference, International Institute for the Sociology of Law, May, Onati, Spain.
13.
Mitchell, R., Campbell, C., Barnes, A., Bicknell, E., Creighton, K., Fetter, J. and Korman, S. (2004) Protecting the Worker’s Interest in Enterprise Bargaining: The ‘No-Disadvantage’ Test in the Australian Federal Industrial Jurisdiction - Final Report. Victoria: Workplace Innovation Unit, Industrial Relations.
14.
Rawling, M. (2006) ‘A Generic Model of Supply Chain Regulation’ , in C. Arup, P. Gahan, J. Howe, R. Johnstone, R. Mitchell and A. O’Donnell (eds) Labour Law and Labour Market Regulation: Essays on the Construction, Constitution and Regulation of Labour Markets and Workplace Relationships. Sydney: Federation Press.
15.
Walsh, J. (n.d.) Dirty Schools, Forgotten Cleaners: The Injuries of Victoria’s Failed Experiment in Contract School Cleaning, Research Report. Melbourne: LHMU.
