Using Public Procurement To Promote Better Labour Standards In Australia

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Using Public Procurement To Promote Better Labour Standards In Australia

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Author : John Howe
language : en
Publisher:
Release Date : 2010

Using Public Procurement To Promote Better Labour Standards In Australia written by John Howe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.

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.

The Regulatory Impact Of Using Public Procurement To Promote Better Labour In Corporate Supply Chains

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Author : John Howe
language : en
Publisher:
Release Date : 2011

The Regulatory Impact Of Using Public Procurement To Promote Better Labour In Corporate Supply Chains written by John Howe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.

This chapter examines the potential of government procurement as a mechanism for improving job quality and alleviating poverty and proposes ways in which these mechanisms can be strengthened so as to make them more effective. The promotion of higher labour standards through government procurement is a 'soft' law mechanism that may appeal to governments at a time when economic globalization has, among other things, reduced the political willingness and ability of governments to safeguard the welfare of workers and communities through the maintenance of conventional labour law systems. In many developed economies, governments have reduced their traditional legal protection of labour rights and standards. Many developing countries maintain strong labour laws 'on paper' but lack resources, adequate institutional frameworks and, at times, the will to properly enforce labour standards. This chapter assumes, however, that governments have a crucial role to play in promoting and enforcing labour standards. The difficulties of enforcement and the high disincentives to compliance with labour laws for businesses mean that governments must find innovative ways to create inducements for more widespread compliance with labour standards. It is the contention of this chapter that promotion of existing labour standards or higher than existing legal standards through government procurement may be effective because it is responsive to existing power and resource distribution among economic and social actors (Ayres and Braithwaite, 1992; Teubner, 1983).

Smart Public Procurement And Labour Standards

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Author : Albert Sánchez Graells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08

Smart Public Procurement And Labour Standards written by Albert Sánchez Graells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Labour Clauses In Public Contracts

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Author : International Labour Office
language : en
Publisher: International Labour Organization
Release Date : 2008

Labour Clauses In Public Contracts written by International Labour Office and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Labor contract categories.

Smart Public Procurement And Labour Standards

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Author : Albert Sanchez-Graells
language : en
Publisher: Hart Publishing
Release Date : 2020-06-25

Smart Public Procurement And Labour Standards written by Albert Sanchez-Graells and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Law categories.

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Public Procurement And International Labour Standards

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Author : Henrik Karl Nielsen
language : en
Publisher:
Release Date : 1995

Public Procurement And International Labour Standards written by Henrik Karl Nielsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with categories.

Public Procurement As A Means To Enforce Labour Standards

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Author :
language : en
Publisher:
Release Date : 2008

Public Procurement As A Means To Enforce Labour Standards written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.

Sustainable Public Procurement Of Infrastructure And Human Rights

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Author : Olga Martin-Ortega
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02

Sustainable Public Procurement Of Infrastructure And Human Rights written by Olga Martin-Ortega and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.

This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.

Rediscovering Collective Bargaining

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Author : William Breen Creighton
language : en
Publisher: Routledge
Release Date : 2012

Rediscovering Collective Bargaining written by William Breen Creighton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.

This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.

Advancing Respect For Labour Rights Globally Through Public Procurement

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Author : Olga Martin-Ortega
language : en
Publisher:
Release Date : 2017

Advancing Respect For Labour Rights Globally Through Public Procurement written by Olga Martin-Ortega and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

Abstract: Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers' rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addresses this gap. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes. This highlights that, although historically used to advance labour rights domestically, these regimes have restricted public buyers' scope to advance labour rights beyond national borders. Section 3 explores new international policy frameworks on responsible global value chains and supply chains which by contrast appear to augur the greater use of pub