In the employment context, non-competes are contractual terms which provide that once the employment ends the employee cannot work for another employer in the same industry or field (i.e. a competitor), within a specified geographic area, for a specified time. The existing law and practice regarding non-competes in Australia is plagued with confusion and uncertainty. Non-competes also have adverse economic consequences; they are associated with reduced employee mobility and consequent negative impacts on wages and productivity.

The use of non-competes by Australian business has increased over the past 5 years and absent a policy response; this trend is likely to continue. Non-competes are no longer limited to highly paid executives but now apply to about one in five Australian workers, across income, age, occupational, and education groups.

The distribution and prevalence of non-competes in Australia are broadly consistent with data in other developed economies. A number of jurisdictions within the Organisation for Economics Co-operation and Development have imposed restrictions on the use of non-competes. The US Federal Trade Commission is considering a ban on their use and, in the UK, the government has announced its intention to limit the term of non-competes to 3 months. In Australia, the Competition Minister has recently asked the Australian Competition and Consumer Commission and Treasury for advice on the competitive aspect of non-competes. The Australian Government released an Issues Paper (https://treasury.gov.au/sites/default/files/2024-04/c2024-514668-issues-paper.pdf#page40) – ‘Non-competes and other restraints: understanding the impacts on jobs, business and productivity’ in April 2024. The Issues Paper outlines the existing research and evidence in Australia and overseas on the use and effects of non-competes. A public consultation process will conclude in May 2024 and Treasury will advise the Government on the outcomes of the consultations by the end of 2024.

After reviewing the arguments for and against restricting the ‘reach’ of non-competes, I conclude that the weight of the evidence favours a regulatory response to ameliorate the unfairness inherent in the existing law and practice. A number of possible regulatory responses are considered.

This longitudinal and empirical study compares Australian labour enforcement, predominantly between the New South Wales (NSW) and Commonwealth jurisdictions. It documents the volume of enforcement litigation, inspection and arrears recovery within an Australian state for the first time. These enforcement activities are then compared to equivalent Commonwealth labour enforcement over time, with a particular focus on the activities of the federal inspectorate since the Commonwealth takeover of industrial relations in 2005. This comparison enables three significant claims. First, that contemporary labour enforcement activities have not kept pace with those conducted by inspectorates in the early to mid-twentieth century, most of which were performed by the States. Second, that enforcement has always been a significant part of the Australian industrial relations landscape, reinforcing the conciliation and arbitration system, particularly within the States. And third, those high levels of regulation and labour enforcement played a role in reducing social inequality throughout the mid-twentieth century.

Precarious work, the problems it poses in terms of labour standards/regulation, and remedies to this, have sparked considerable attention from researchers and policy-makers over the past three decades. This paper examines industrial relations (IR) legislation introduced by the Australian Labor government elected in 2022, and which, amongst other things, has addressed precarious work. These initiatives are placed in historical context, noting how essentially similar problems shaped IR regulation a century earlier. The article also examines the more immediate precursors to the legislation, by reviewing state and federal inquiries into precarious work and related issues in Australia from the 1990s onwards. Placing the new legislation into historical context enhances our understanding of the law and surrounding policy debates. The Albanese federal Labor government package of industrial relations laws introduced between 2022 and 2024 marked a paradigm shift from earlier measures. While these reforms are rooted in Australian institutions, law and industrial relations history, they provide an alternative policy template for addressing the problems wrought by neoliberalism on labour standards, especially if accompanied by synergistic reforms in other areas, such as immigration and economic policies promoting manufacturing.

In this article, we consider the future of work in Australia’s renewable energy industry sectors through a consideration of the evolving political and economic context that will continue to shape it in years to come. We are particularly concerned about the quantity and quality of jobs, how these jobs will be realised, who secures them, and who will provide them. Further complicating matters, the debate is being carried out in the context of generalised skill shortages and recruitment difficulties. This article draws on and develops arguments we have put forward recently. Our focus in this article has been on the political economy of work and employment in Australia, especially implications of the polycrisis and associated geopolitics, the militarisation of industrial policy, renewable industries, regional development, just transitions, and the future of work and workers. In developing our argument, we consider Australia’s focus on ‘Renewable Energy Industrial Zones’ in an era of the ‘new state capitalism’, the impact of the US Biden Administration’s Inflation Reduction Act particularly and new geopolitics generally, and the dominance of multinational corporations in renewable industries.

Much has been made about the impact of new technologies on the organisation of work in the professions. However, the gendered effect of technological change has rarely been a focus of investigation, even though these transformations are occurring in a context of persistent and pervasive gendered inequality. This paper aims to address this gap, using the case of the legal profession to understand the gendered impact of technological change. Drawing on insights developed through interviews with 33 senior legal stakeholders, the paper finds that technological change plays out in contradictory ways, offering both promise and peril for gender equality within the legal profession. We identify four key concepts – bifurcation, democratisation, humanisation, and flexibilisation – to elucidate the intricate interplay between technology and gendered legal careers, acknowledging the dual potential that technology holds for advancement and adversity. We argue for proactive measures and strategies to be adopted by legal institutions, professional associations, and employers, to harness the benefits of new technologies while mitigating the very real risks such technologies pose to a more gender-equitable future of work.

Understanding gender disparities in home-based self-employment (HBS) and their links to homeownership and socioeconomic factors is crucial for advancing sustainable development goals (SDGs) in Sub-Saharan Africa, especially Nigeria. This study uses data from the 2010/2011, 2012/13, 2015/16, and 2018/19 waves of the Nigerian General Household Survey (GHS). It employs random effect probit regression, the LASSO method for identifying predictors, and the Blinder–Oaxaca decomposition technique to analyse gender differences in nonlinear binary outcomes. The results show that female business owners are more likely to engage in HBS compared to males, highlighting the importance of gender equality (SDG 5) and decent work (SDG 8). While male entrepreneurs are mainly driven by profit, females prioritise balancing paid and unpaid work, reflecting motivations beyond profit within heterodox economics. Significant gender-differentiated impacts are observed in relation to monthly rent, post-secondary education, dwelling space, energy, and regional locations. Notably, the presence of children significantly increases female involvement in HBS, a trend not seen among males. Marriage also influences female participation, suggesting that marital circumstances and economic benefits play a role. These findings highlight the need for policies addressing gender-specific constraints, challenging traditional gender roles, and promoting inclusive human development within the SDG framework.

The construction industry is experiencing high demand for workers. Apprenticeship programmes are essential pipelines of skilled workers into the construction industry; however, apprenticeship completion rates are only around 25%. To promote apprenticeship retention and increase the number of apprentices, it is necessary to identify factors that relate to cancellation from apprenticeship programmes (i.e., leaving prior to programme completion). Using data from the Registered Apprenticeship Partners Information Database System, we descriptively characterised completion and cancellation, then conducted a time-to-event analysis of n = 335,212 construction apprentices from 2012 to 2023 to examine factors related to cancellation. Among all apprentices, 40.1% cancelled from their apprenticeship programmes, while 24.8% completed and 35.0% were actively registered at the end of the study period. Results from the time-to-event analysis show females had significantly higher odds of cancellation than males (OR: 1.11; 95% CI: 1.08, 1.15). Compared to White apprentices, American Indian/Alaska Native (OR: 1.13; 95% CI: 1.08, 1.18), Black/African American (OR: 1.41; 95% CI: 1.39, 1.44), and multiracial apprentices (OR: 1.09; 95% CI: 1.02, 1.17) had significantly higher odds of cancellation, while Asian apprentices had significantly lower odds of cancellation (OR: 0.79; 95% CI: 0.75, 0.83). Non-unionised workers were significantly more likely to cancel their apprenticeship programmes (OR: 1.77; 95% CI: 1.74, 1.80). These results indicate that individual demographic and organisational factors can influence apprenticeship cancellation. Reducing barriers to apprenticeship completion can help address the current skilled worker shortage, and identifying factors that impact entry into the industry for minoritised groups can promote equity within the industry.

Cascading employment is an increasingly prevalent yet understudied form of employment arrangement, where an employer places a worker in a client’s workplace through a sequence of labour intermediaries, with no direct contractual relationship between the worker’s employer and the end client. In this article, cascading employment is conceptualised as a distinct and normalised form of precarious work and differs from ‘triangular employment’ in several dimensions. The study reported herein draws on interviews with U.S.-based IT workers and stakeholders engaged in cascading employment. Findings reveal three key dimensions of cascading employment: multilayeredness, hierarchical fissuring, and relationship heterogeneity. These dimensions contribute to the aspects of precariousness of employment, including diluted income, heightened employment uncertainty, reduced worker control over working conditions, and limited legal protections. Moreover, the precariousness of cascading employment stems from the complexity of the employment arrangements, not merely from factors such as contract type, employment status, and industry, which are typical in explaining precariousness. Therefore, ‘complexity of employment arrangements’ should be recognised as a crucial criterion for employment precariousness. ‘Complexity’ can be measured by the number of actors involved, the extent of fissuring in employer costs and responsibilities, and the variety and intensity of inter-actor relationships.

The objective of this paper is to analyse the impact of skill mismatch on labour turnover, unemployment, and informality, in the case of Colombia. We study Colombia because it is a developing country with one of the highest levels of unemployment and informality in Latin America, along with very restrictive institutions, such as the minimum wage. We found that skill mismatch can explain the high turnover of workers in the Colombian labour market, evident in the increase in hirings and also in separations. Additionally, we find a positive significant effect of skill mismatch on the levels of informality, but no significant effect on unemployment. This evidence remains even once we consider the role of labour market institutions such as minimum wage and non-wage labour costs.

This article evaluates short-time work (STW) schemes, known as temporary labour adjustment plans in Spain, from a comparative perspective. The use of STW schemes in the European Union during the COVID pandemic contained the redundancy processes that traditionally occur during adjustments to economic crises. These programmes not only made it possible to maintain employment but also allowed for a much faster economic recovery. The main contribution of this article is that it studies the functioning and results of this type of action in Spain and also considers the effects in other countries. This policy watch exercise also points to some recommendations for improving the functioning of STW schemes.

The concept of monetary sovereignty employed by Modern Monetary Theory has been criticised on many fronts. One of the most important criticisms points out that Modern Monetary Theorists (MMTers) ignore or underestimate problems arising from external constraints. Another important (and complementary) criticism is that MMTers focus only on purely macroeconomic aspects and ignore political and geopolitical issues. In this paper, we discuss these important criticisms and we conclude that, although the MMT concept of monetary sovereignty is useful and can be considered an analytical advance, it is incomplete and biased because it minimises macroeconomic problems arising from external constraints and because it does not take into account international political factors.

The study is based on data from Chinese listed companies and explores the impact of a company’s position in the global value chain (GVC) on internal wage distribution and income inequality. The results show that although the improvement of GVC status in enterprises has increased the average salary level of all employees, it has exacerbated the wage gap between management and grassroots employees, leading to widening income inequality, mainly achieved through rent-sharing mechanisms. In addition, companies with higher human capital can alleviate the income inequality effect caused by the rise of GVC status. Further analysis reveals that the impact of GVC status on internal income inequality in enterprises is heterogeneous regarding property rights, employee bargaining power, and enterprise size. The study provides a new perspective on exploring the income distribution effects of the GVC from a micro perspective, emphasising that enterprises need to pay attention to building a fair and reasonable income distribution structure while being open to others at a high level. It is significant for promoting the construction of micro-mechanisms based on enterprises, fostering social equity and inclusive growth.

In spite of the upturn in the economy and in employment that has been observed in the EU since 2013 to 2019 (and after COVID-19 crisis), the gap between the figures for indicators of economic growth and those for the trends in domestic living conditions continues to be very wide; growth and newly created jobs are not resulting in a generalised improvement in the welfare of the population. This paper seeks to demonstrate that the recovery period after the Great Recession has not been one of truly inclusive recovery and to provide tentative explanations for this. We focus on the five main EU countries before Brexit. We conclude that the incidence of poverty associated with part-time work is now somewhat greater (‘in-work poverty’) and also that there has been strong containment of wages in the leading countries of the EU over the period under study, and even falls in real wages. At least, redistribution policies have shown themselves to be effective in reducing poverty.