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

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

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article

Non-Waivability In Labour Law: An Australian Perspective

Joellen Riley Munton
Comparative Labor Law & Policy Journal
Labor Movements and Unions
article

Non-Waivability In Labour Law: An Australian Perspective

Joellen Riley Munton
article en

Abstract

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.

Comparative Labor Law & Policy JournalVol. 45(4)
University of Oxford
Decent work and economic growth
Openalex Percentile: Top 53%
Labor Movements and Unions
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