Research projects
Current projects
Workplace investigations: Interactions with regulation and pathways for reform
Workplace investigations are an essential management tool for employers, including to address allegations of employee misconduct and discharge statutory obligations. In addition, conducting workplace investigations has, over the last decade, become a burgeoning industry. Little is known, however, about the actual practices of workplace investigations and the interface of investigations with public regulation.
This project will be the first detailed analysis of the law and policy dealing with workplace investigations in Australia. It will include empirical research on the process and outcomes of workplace investigations, which will explore the experiences of employers, employees, investigators and advisors.
As well as examining the history of regulation of workplace investigations, and the current regulatory framework covering this growing field, this project will canvass what might be done in the future to improve the protections for employees, and others, who are involved in workplace investigations.
Researcher
Publications
- A Orifici, ‘Unsystematic and Unsettled: A Map of the Legal Dimensions of Workplace Investigations in Australia’ (2019) 42(4) University of New South Wales Law Journal 1075
The rise of human rights due diligence and worker protection
Human rights due diligence is emerging as a new global orthodoxy for responsible corporate behaviour. This includes in the area of workers’ human rights, with the concept now found in numerous transnational and national regulatory instruments that deal in whole or in part with labour issues, as well as in the discourse and practices of business, non-governmental organisations and the international trade union movement.
This project examines the implications of this development for the protection and promotion of labour rights. It considers the strengths and weaknesses of human rights due diligence as a tool of transnational labour regulation, and explores how the meaning of human rights due diligence, understood as an emerging transnational norm, is being contested and by whom. It also considers how regulatory frameworks can maximise the potential of the concept as a tool of transnational labour regulation.
In exploring these issues, the project draws on a diverse body of scholarly literature, as well as on extensive analysis of documents and qualitative interviews with actors in Australia, North America and Western Europe.
Researcher
Publications
- Ingrid Landau, ‘Game Changer? Human Rights Due Diligence and Corporate Respect for Workers’ Rights in the Global Economy’ in J. Howe, A. Chapman and I. Landau (eds) The Evolving Project of Labour Law (Federation Press, 2017).
Past research projects
Collective bargaining, good faith bargaining and union recognition
The Rudd Government's 'Fair Work' legislation promotes collective bargaining over wages and other conditions of employment, ending the primacy accorded to individualised forms of agreement-making under the former Coalition Government. The Fair Work Act 2009 (Cth) establishes a new system of collective bargaining based on the principles of 'majority employee support' and 'good faith bargaining'. It also provides unions with increased rights of involvement in bargaining processes.
This project examines the content, operation and interpretation of these new collective bargaining rules, with a particular focus on the good faith bargaining obligations, and Fair Work Australia's role in overseeing the legislation (for example, through the making of bargaining orders, serious breach declarations, majority support determinations, scope orders and workplace determinations).
The project also considers the new Australian legislation in comparative perspective, by examining the relevance of US, Canadian, UK and NZ collective bargaining laws and practices.
Researcher
- Anthony Forsyth
Publications
- Anthony Forsyth, ''Good Faith Bargaining: Australian, United States and Canadian Comparisons", Chairman's Lunchtime Seminar, United States National Labor Relations Board, Washington, DC, USA, 4 November 2009.
- Anthony Forsyth, ''Exit Stage Left', now 'Centre Stage': Collective Bargaining under Work Choices and Fair Work', in Anthony Forsyth and Andrew Stewart (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, The Federation Press, Sydney, 2009, 120-140.
- Anthony Forsyth, 'Worker Representation in Australia: Moving Towards Overseas Models?' (2007) 33:1 Australian Bulletin of Labour 1-33.
- Anthony Forsyth, Peter Gahan, Marco Michelotti, Andreas Pekarek and Renee Saibi, Collective Bargaining and Union Recognition Rights: Policy Issues for Australia, Research Report for the Australian Institute of Employment Rights, April 2006, i-xvii, 116 pages.
- Anthony Forsyth and Carolyn Sutherland, 'Collective Labour Relations under Siege: The Work Choices Legislation and Collective Bargaining' (2006) 19:2 Australian Journal of Labour Law 183-197.
Australian regulation of economic dismissals
This project involved a detailed study of the 'genuine operational reasons' exclusion from federal unfair dismissal claims introduced by the former Coalition Government's 'Work Choices' legislation. All decisions involving application of the exclusion between March 2006 and July 2007 were examined. The research found that the operational reasons exclusion was interpreted very broadly by the Australian Industrial Relations Commission, extending beyond redundancy-related dismissals, and thereby contributed to reduced levels of job security for Australian workers.
A later stage of the research found that Australian regulation of economic dismissals under Work Choices ranked towards the 'weaker' end of the spectrum of protection when compared to five other OECD countries. However, changes introduced by the Rudd Government's 'Fair Work' legislation (including a narrower 'genuine redundancy' exclusion from unfair dismissal, and new rights for employees to severance pay) mean that Australian law now ranks at the stronger end of this spectrum of protection.
Researcher
- Anthony Forsyth
Publications
- Anthony Forsyth, 'Protection Against Economic Dismissals: How Does Australian Law Compare with Five Other OECD Countries?' (2009) 50 Journal of Industrial Relations (forthcoming; accepted for publication).
- Anthony Forsyth, 'Australian Regulation of Economic Dismissals: Before, During and After 'Work Choices'' (2008) 30:3 Sydney Law Review 506-536.
- Anthony Forsyth, Protection Against Economic Dismissals: How Does Australian Law Compare with ILO Standards and Five Other OECD Countries?, Supplementary Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, November 2007, 45 pages.
- Anthony Forsyth, Freedom to Fire: Economic Dismissals under Work Choices, Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, August 2007, 79 pages.
Workplace dispute resolution and dispute prevention
Institutional arrangements for the resolution of workplace disputes in Australia have been in a constant state of change since the early 1990s. This project examines the changing role of the federal industrial tribunal, monitoring its transformation from the Australian Industrial Relations Commission, the significant reduction in that body's role and powers under the Coalition Government's 'Work Choices' legislation, through to the AIRC's replacement by Fair Work Australia under the Rudd Government's Fair Work Act 2009 (Cth).
The project also explores the innovative, dispute prevention roles that have increasingly been assumed by industrial tribunals in the UK, Ireland, the US and Canada in recent years - and explores the capacity for Fair Work Australia and the Office of the Fair Work Ombudsman to take on similar functions, to assist workplace relations parties to build more productive relationships.
Researcher
- Anthony Forsyth
Publications
- Anthony Forsyth and Holly Smart, 'Third Party Intervention Reconsidered: Promoting Cooperative Workplace Relations in the New 'Fair Work' System' (2009) 22 Australian Journal of Labour Law 117-146.
- Anthony Forsyth, Promoting Cooperative Workplace Relations in the New 'Fair Work' System, Policy Discussion Paper for the Business Council of Australia, June 2009, 21 pages; released as BCA, Embedding Workplace Collaboration: Preventing Disputes, 9 August 2009, 16 pages.
- Anthony Forsyth, 'Dispute Resolution under Work Choices: The First Year' (2007) 18:1 Labour and Industry 21-46.
- Anthony Forsyth, 'Arbitration Extinguished: The Impact of the Work Choices Legislation on the Australian Industrial Relations Commission' (2006) 32:1 Australian Bulletin of Labour 27-44.
Regulating for workplace cooperation: Assessing the implementation of a reform
Promoting cooperative and harmonious workplaces is stated as a key objective of the Rudd Government's 'Fair Work' legislation (the Fair Work Act 2009 (Cth)). Some aspects of the legislation clearly have the capacity to contribute to greater levels of cooperation in Australian workplaces - for example, the new 'good faith bargaining' provisions and requirements for consultation over workplace change.
This project explores the extent to which the stated objective of workplace cooperation is achieved (in practice) in the legislation's early years of operation, through an examination of:
- the legislative and administrative framework for workplace cooperation under the Fair Work Act and associated regulatory instruments/arrangements
- how the new law is implemented and operationalised by regulatory agencies, including Fair Work Australia and the Office of the Fair Work Ombudsman
- how employment relations parties (employees, unions, employers, employer organisations) implement the legislation 'on the ground' in Australian businesses and other workplaces.
Researchers
- Chris Arup, Anthony Forsyth, Richard Mitchell (Monash Dept of BLT)
- Peter Gahan (Monash Dept of Management)
- John Howe (University of Melbourne)
- Richard Johnstone (Griffith University)
Publications
- Anthony Forsyth and Holly Smart, 'Third Party Intervention Reconsidered: Promoting Cooperative Workplace Relations in the New 'Fair Work' System' (2009) 22 Australian Journal of Labour Law 117-146.
- Anthony Forsyth, Promoting Cooperative Workplace Relations in the New 'Fair Work' System, Policy Discussion Paper for the Business Council of Australia, June 2009, 21 pages; released as BCA, Embedding Workplace Collaboration: Preventing Disputes, 9 August 2009, 16 pages.
- Peter Gahan and Donna Buttigieg, 'High Performance Work Systems and the Social Context of Work: The Role of Workplace Climate' (2008) 19 Labour and Industry 1-23.
- Anthony Forsyth and John Howe, Current Initiatives to Encourage Fair and Cooperative Workplace Practices: An International Survey, Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, June 2008, 119 pages.
- Peter Gahan, David Taft, Richard Mitchell and Kathryn Bion, The Impact of Fair and Cooperative Employment Practices on Business Performance: A Review of the International Evidence, Work and Employment Rights Research Centre, Monash University, June 2008.
Assessing the impact of labour and employment law
This project is designed to make an assessment of the impact of the labour law policies of the Coalition government over the period 1996 to 2007. It also seeks to examine the way researchers in labour law go about their work, and the difficulties of engaging in interdisciplinary research of an empirical nature.
Researchers
- Richard Mitchell, Anthony Forsyth, Carolyn Sutherland, Chris Arup, David Taft (Department of BLT)
- Peter Gahan (Department of Management)
- Marco Michelotti (ESC Rennes, France)
Publications
- Richard Mitchell, David Taft, Anthony Forsyth, Peter Gahan and Carolyn Sutherland, 'Assessing the Impact of Employment Legislation: The Coalition Government's Labour Law Program 1996-2007' (2010) 23 Australian Journal of Labour Law 274.
Regulating labour in professional baseball in the US, Japan and Australia
Over recent decades baseball has been experienced globalisation, in turn expanding the labour market in professional baseball. This research examines labour mobility in baseball’s two largest and highest paying professional leagues: Major League Baseball (‘MLB’) in the United States and Nippon Professional Baseball (‘NPB’) in Japan. This research analyses labour mobility by looking at how it is regulated within each league through league agreements, by-laws, collective bargaining and uniform player contracts. To varying degrees in each league, this internal regulation is shaped by and engages with external regulation, notably labour law, contract law and competition law. Both the internal and external regulation of labour mobility is now shaped by globalisation and labour markets that now expand beyond the United States and Japan. Baseball is evidence that the globalisation of labour markets can be embraced, as is the case in MLB, or resisted in a protectionist manner, as occurs in NPB.
Researcher
- Matt Nichol
Publications
- Globalisation, Labour Mobility and Sports Law: The Case of Professional Baseball in the United States and Japan, Edward Elgar Publishing (forthcoming 2018).
- PhD titled ‘The Global Regulation of Labour in Professional Baseball: A Search for Labour Mobility?’ (March 2017).
- ‘Making Sense of Labour Regulation in Major League Baseball: Some Insights from Regulatory Theory’ in Michael Barry, James Skinner and Terry Engelberg, Research Handbook of Employment Relations in Sport (2016) 69.
- ‘Searching for the Holy Grail in Professional Sport: Valuing Players in Professional Japanese Baseball’ (2012) 17(33) Journal of Japanese Law 119.
Researchers
Keiji Kawai and Matt Nichol
Publications
- ‘Labor in Nippon Professional Baseball and the Future of Player Transfers to Major League Baseball’ (2015) 25(2) Marquette Sports Law Review 491.
- ‘The Transfer of Japanese Baseballers to Major League Baseball: Have Japanese Baseball Players been Internationalised?’ in (Breaden, Steele and Stevens eds) Internationalising Japan as Discourse and Practice (Routledge: London, 2014) 180.
The self-regulation of labour in Australian professional sport
Sport is viewed through many lenses but rarely is regulatory theory used. This article uses autopoietic theory and self-regulation to create a construct of how Australian sport is regulated. In the context of labour regulation this internal autopoietic system rarely enforces external regulation. In fact, most Australian sports when conducting collective bargaining operate outside the framework of Australian labour law. This research looks at when external regulation and regulatory actors have intervened in the regulation of labour in Australian sport and also current examples where there is a need for the enforcement of external regulation.
Researchers
- Matt Nichol
- Keiji Kawai
The wages of minor league baseball players and access to justice
In the world of professional baseball Major League Baseball (‘MLB’) annually generates US$9 billion in revenue. The average Major League salary is nearly US$4 million and some players earn over US$20 million per year. Minor League Baseball (‘MiLB’) is also lucrative and teams can generate millions of revenue. Yet Minor League players are paid as little as US$1,100 per month in Class Rookie and A leagues and as much as US$2,150 per month at the Class AAA level. These players are not paid for training or offseason work and are only paid during the championship seasons.
This research examines the plight of Minor League players in accessing a fair wage or a ‘living’ wage through the use of antitrust law and federal labor law on minimum wages and overtime. There are currently two class actions using both of these areas of law to challenge the Minor League pay system and class actions will be viewed in the context of access to justice.
Researcher
- Matt Nichol
Workers, their know-know and the relationships that support them
This project is a study from an Australian perspective of the distribution between employers, employees and consultants of rights to exploit intellectual property and to utilise know-how. It aims to build on theoretical debates and findings from research within economics, management, science policy, law, sociology and socio-legal studies.
The research starts with the policy of the law (which is predominantly freedom of contract with some default principles). This legal framework matters, but its impact will also depend on how its options are taken up. Take-up will involve a range of practices, such as formal contract documents, firm policies and procedures, informal relations and professional norms. In practice, distributions might be settled at various points: on hiring, during work, on the generation of knowledge, the outsourcing of work or workers, on exiting employment, or post-employment, for example in litigation.
The research will seek evidence from the participants. The management economics literature would suggest that the take-up varies with the nature of the parties (employers, employees and consultants) and the work that they are doing. Nonetheless, a useful socio-legal idea to pursue is that of 'local institutional entrepreneurs', who produce and promote models of IP management policies/contracts for adoption within a sector or community. Silicon Valley research is suggestive: could similar agents be found here and what models might they be supporting? They could be law firms, management consultants, industry associations or government agencies, for instance.
Contracts might be 'sub-optimal', so the project will propose ways the law can add to the creativity and innovation that comes from these relationships. It aims to identify policies that best suit the new conditions under which (much) knowledge is produced and utilised - mobile workers, network industries and regional clusters. It will compare the experience with legal policies in different jurisdictions overseas.
Researchers
- Chris Arup (Faculty of Business and Economics, Monash University)
- Chris Dent (Intellectual Property Research Institute, University of Melbourne),
- John Howe (Centre for Employment and Labour Relations Law, University of Melbourne)
- William van Caenegem (Faculty of Law, Bond University).
The project is funded by a three-year Australian Research Council Discovery Grant (DP0987637).
Publications
- C. Arup, "What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge" (2012) 36(2) Melbourne University Law Review 369-414.
Complexity and simplicity in enterprise agreements
This project maps the evolution of enterprise agreements in Australia through the lens of complexity/simplicity. Drawing on Peter Schuck's four features of complexity - technicality, density, differentiation and uncertainty - the project develops a multi-dimensional framework to categorise the complexity of enterprise agreements.
The empirical study uses content analysis techniques to assess enterprise agreements made within the federal workplace relations system between 1993 and 2011 in the higher education and fast food sectors. The aim is to evaluate the effectiveness of the policy of simplicity by examining the extent to which these enterprise agreements have changed over the period of enterprise bargaining across the four categories of complexity. The study also explores some of the legislative and non-legislative factors that have contributed to the shifts in complexity and simplicity in these agreements.
Researcher
- Carolyn Sutherland
Publications
- Carolyn Sutherland, ‘Enterprise bargaining as a tool to reduce regulatory layering: A content analysis study’ (2014) 42 Federal Law Review 559
- Carolyn Sutherland, ‘Streamlining enterprise agreements to reduce complexity: An empirical assessment' (2016) 29 Australian Journal of Labour Law 25
- Carolyn Sutherland, ‘The problem of uncertainty: An empirical analysis of indeterminate language and ambiguous provisions in enterprise agreements’ (2016) 44 Federal Law Review 111
- Carolyn Sutherland, 'Mapping Complexity in Australian Enterprise Agreements: A Multi-Dimensional Approach' (2013) 26 Australian Journal of Labour Law 50.
- Carolyn Sutherland, 'The Elusive Quest for Simplicity: Measuring and Assessing the Readability of Enterprise Agreements, 1993 to 2011' (2013) 35 Sydney Law Review 149.
- Carolyn Sutherland, 'Making the 'BOOT' Fit: Reforms to Agreement-making from Work Choices to Fair Work' in Anthony Forsyth and Andrew Stewart (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy (Federation Press, Sydney, 2009) 99.
- Carolyn Sutherland, 'All Stitched Up? The 2007 Amendments to the Safety Net' (2007) 20 Australian Journal of Labour Law 245.
- Carolyn Sutherland, 'First Steps Forward (with Fairness): A Preliminary Examination of the Transition Legislation' (2008) 21 Australian Journal of Labour Law 137.
- Carolyn Sutherland, 'Agreement-making under Work Choices: The Impact of the Legal Framework on Bargaining Practices and Outcomes' (Report for the Victorian Office of the Workplace Rights Advocate, Department of Innovation, Industry and Regional Development, September 2007).
Reconceptualising labour law
The project looks at the problems set within the labour law discipline, its evolution, its purposes etc. in a changing context of political economy and approaches to regulation. The overall ambition is to try to settle upon a reasonably stable group of problems and subject matters which deal with the concerns of labour in these changing contexts. There is an ongoing discussion about all of this at an international level, and our work has made a contribution to that debate. I imagine that there is scope for a further attempt to narrow down both the questions and purposes in the field in the future.
Researchers
- Richard Mitchell, Chris Arup (Department of BLT)
- Peter Gahan (Department of Management)
- Richard Johnstone (Griffith University)
- John Howe (University of Melbourne)
- Anthony O'Donnell (La Trobe University)
Publications
- Mitchell, R. Where Are We Going in Labour Law? Some Thoughts on a Field of Scholarship and Policy in Process of Change (2011) 24 Australian Journal of Labour Law pp. 274-301.
- Arup, C., Gahan, P., Howe, J., Johnstone, R., Mitchell, R. and O'Donnell, A. (eds.). Labour Law and Labour Market Regulation, (Federation Press, Sydney, 2006).
More recent contributions include:
- Arup, C. Updating the Labour Market Regulation Perspective on Labour Law, in Howe, J. Chapman, A. and Landau, I (eds.), The Evolving Project of Labour Law (Federation Press, Sydney, 2017) pp. 46-59.
- Mitchell, R. The Evolution of the Idea of a Labour Law Subject in Australian Legal Scholarship, in Howe, J. Chapman, A. and Landau, I (eds.), The Evolving Project of Labour Law (Federation Press, Sydney, 2017) pp.22-45.
- Howe, J. Chapman, A. and Landau, I. The Evolving Project of Labour Law in Australia, in Howe, J., Chapman A. and Landau, I. (eds.), The Evolving Project of Labour Law (Federation Press, Sydney, 2017) pp. 1-21.
International framework agreements and international labour standards
This PhD research project examines the development at the global level of international framework agreements.
The objective of this type of agreement is to secure multinational compliance with international labour standards. Their emergence has been located in the 'effectiveness crisis' of traditional regulatory methods and institutions such as the International Labour Organisation and the failure to establish a trade-labour link within the World Trade Organisation.
International framework agreements are the latest mechanism aimed at achieving multinational corporation compliance with labour standards. They are negotiated by Global Union Federations. They are viewed in the literature as a trade union created Code of Conduct and are often contrasted with NGO and corporate codes of conduct. They are presented as a superior and more legitimate instrument than codes of conduct specifically in relation to obtaining multinational adherence or compliance with international labour standards. However, only two academic studies have been undertaken on the application or effectiveness of these agreements.
This thesis aims to address the dearth of academic scholarship in this area by investigating the application of the agreements in Australian subsidiaries.
Researcher
- Anne O'Rourke
The formal and informal regulation of restaurant work in Indonesia and Australia
This project was initially funded by an Interdisciplinary Seed Grant from the University of Melbourne titled 'How are Low Protection Workers Regulated? A Pilot Study in Australia and Indonesia'. It has also been extended through funding from the Oxford University Press John Fell Fund. In-depth interviews with restaurant workers were conducted in three cities in Indonesia (Yogyakarta, Bandung and Manado) during 2013-2014. Similar interviews were also conducted in Melbourne in 2014.
The results of the project indicate the importance of collecting empirical evidence of informal regulation for gaining a complete picture of worker protection in different contexts. It also challenges assumptions about linear trajectories of progress towards the absolute dominance of state labour law and policies aimed at 'formalising the informal'.
Researchers
- Petra Mahy and Richard Mitchell (Department of Business Law and Taxation, Monash)
- Sean Cooney, John Howe, Maria Azzurra Tranfaglia (Melbourne Law School)
- Martina Boese (La Trobe University).
Publications
- P. Mahy, 'The Functional Approach in Comparative Socio-Legal Studies: Reflections Based on a Study of Plural Work Regulation in Australia and Indonesia', International Journal of Law in Context 12(4) (2016): 420-436.
- P. Mahy, R. Mitchell, S. Cooney and J. Howe, 'The Plural Regulation of Work: A Pilot Study of Restaurant Workers in Yogyakarta, Indonesia'. Research Report, (Centre for Employment and Labour Relations Law, University of Melbourne, 2017)
- P. Mahy, R. Mitchell, M. Boese, J. Howe and M.A. Tranfaglia, 'What is Actually Regulating Work? A Study of Restaurants in Indonesia and Australia' (forthcoming book chapter, 2017).
The origins and development of labour regulation in the Asia-Pacific region
This is a project employing both quantitative and qualitative methodological approaches. The first part of the project was completed utilising the quantitative ‘Labour Regulation Index’ developed by scholars at Cambridge University. The project has now been expanded with the development of a substantially revised index (titled the ‘Worker Protection Index’) which we believe is more adaptable to the measurement of worker protection across countries in the Asia-Pacific region. This second stage of the project is still ongoing, and will continue to be rolled out across a wider range of countries in this region. The project is also using qualitative legal history approaches to compare the evolution of labour law across different national contexts.
Researchers
- Richard Mitchell, Carolyn Sutherland, Petra Mahy (Department of Business Law and Taxation, Monash University)
- Sean Cooney (Melbourne Law School)
- Anthony O’Donnell (La Trobe); Peter Gahan (formerly Management at Monash, now Management and Marketing University of Melbourne)
- Gordon Anderson (Victoria University of Wellington, NZ)
- Andrew Stewart (Adelaide Law School)
- Lingfeng Mao (former Ph. D student, Department of Business Law and Taxation, Monash University).
Publications
- S. Cooney, P. Gahan and R. Mitchell, 'Legal Origins, Labour Law and the Regulation of Employment Relations' in M. Barry and A. Wilkinson (eds.), Research Handbook of Comparative Employment Relations, Edward Elgar, Cheltenham, 2011, pp. 75-97.
- M. Jones and R. Mitchell, 'Legal Origin, Legal Families and the Regulation of Labour in Australia' in S. Marshall, R. Mitchell and I. Ramsay (eds.), Varieties of Capitalism, Corporate Governance and Employees, Melbourne University Publishing, Melbourne, 2008, pp. 60-94.
- G. Anderson, P. Gahan, R. Mitchell and A. Stewart, 'The Evolution of Labor Law in New Zealand: A Comparative Study of New Zealand, Australia and Five Other Countries' (2011) 33 Comparative Labor Law & Policy Journal pp. 101-134.
- P. Gahan, R. Mitchell, S. Cooney, A. Stewart and B. Cooper, 'Economic Globalization and Convergence in Labor Market Regulation: An Empirical Assessment' (2012) 60 American Journal of Comparative Law pp.703-741.
- S. Cooney, P. Mahy, R. Mitchell and P. Gahan, ‘The Evolution of Labour Law in Three Asian Countries: An Introductory Comparative Study’ (2014) 36 Comparative Labor Law & Policy Journal pp. 23-68.
- R. Mitchell, P. Mahy and P. Gahan, 'The Evolution of Labour Law in India: An Overview and Commentary on Regulatory Objectives and Development' (2014) 1 Asian Journal of Law and Society pp 413-453.
- R. Mitchell, P. Gahan, A. Stewart, S. Cooney and S. Marshall, 'The Evolution of Labour Law in Australia: Measuring the Change' (2010) 23 Australian Journal of Labour Law pp. 61-93.