Non-Waivability In Labour Law: An Australian Perspective
Australian industrial relations laws traditionally provided detailed mandatory standards through a system of arbitrated occupation-based awards. In the years since a shift to enterprise bargaining, the system has tolerated a greater level of flexibility, even in the way that legislated minima are framed. The options for waiving otherwise mandatory standards are, however, limited by procedural protections. The Fair Work Commission maintains a supervisory role to ensure that workers are “better off overall” as a consequence of their bargains. This article explains the many ways in which Australian labour standards permit flexible application, within constraints designed to preclude exploitative practices.
Authors
- Joellen Riley Munton
Publication Details
- Journal
- Comparative Labor Law & Policy Journal
- Published
- 2026-02-17
- DOI
- https://doi.org/10.60082/2819-2567.1082
- Primary Topic
- Labor Movements and Unions
- Type
- article
- Field-Weighted Citation Impact
- 0.00
Funders
- University of Oxford