Footnotes
1.Brett Heino andJames Dahlstrom, “War Crimes and the ParisianRégulationApproach: Representations of the Crisis of Antipodean Fordism,” Journal of Australian Political Economy, no. 74(2014–15): 95–117.
2.Mark Elam, “Puzzling out the Post-Fordist Debate: Technology, Markets and Institutions,”inPost-Fordism: A Reader, ed.Ash Amin(:Blackwell Publishers, 1994), 43–70.
3.Brett Heino, “The State, Class and Occupational Health and Safety: Locating the Capitalist State’s Role in the Regulation of OHS in NSW,” Labour & Industry 23, no. 2(2013):150–67. Although he does not use the term (he dubs it “experimentation/ideational evolution”), Treuren provides an excellent account of the physiology of institutional searching;Gerry Treuren, “How and Why Do Institutions Change? A Four Phase Framework for the Description of Institutional Development,” Journal of Economic and Social Policy 7, no. 2(2003):51–67.
4.Alain Lipietz, “Fears and Hopes: The Crisis of the Liberal-Productivist Model and its Green Alternative,” Capital & Class 37, no. 1(2013):127–41.
5.John Buchanan,Damian Oliver andChris Briggs, “Solidarity Reconstructed: The Impact of the Accord on Relations within the Australian Union Movement,” Journal of Industrial Relations 56, no. 2(2014):288–307.
6.Heino, “The State, Class and Occupational Health and Safety,” 158–59.
7.Often by those explicitly influenced by regulationist concepts and methodology. See, for example:Christopher Lloyd, “Regime Change in Australian Capitalism: Towards a Historical Political Economy of Regulation,” Australian Economic History Review 42, no. 3(2002):238–66;Christopher Lloyd, “Australian Capitalism Since 1992: A New Regime of Accumulation,” Journal of Australian Political Economy, no. 61(2008):30–55;Ray Broomhill, “Australian Economic Booms in Historical Perspective,” Journal of Australian Political Economy, no. 61(2008):12–29;Lynne Chester, “The Australian Variant of Neoliberal Capitalism,”inNeoliberalism: Beyond the Free Market, ed.Damien Cahill,Lindy Edwards andFrank Stilwell(:Edward Elgar Publishing, 2012), 153–79.
8.Gerry Treuren, “The Concept of the State in Australian Industrial Relations,” Labour & Industry 11, no. 2(2000):75–98.
9.Brett Heino, “Capitalism, Regulation Theory and Australian Labour Law: Towards a New Theoretical Model,” Capital & Class 39, no. 3(2015):453–72.
10. “IR pace-setters,”according toJustine Evessonet al., “‘Lowering the Standards’: From Awards toWork Choicesin Retail and Hospitality Collective Agreements”(:Workplace Research Centre, 2007), 49.
11.Robert Boyer, “Perspectives on the Wage-Labour Nexus,”inRégulation Theory: The State of the Art, ed.Robert Boyer andYves Saillard(:Routledge, 2002), 73–79.
12.As Stone does;Katherine Stone, From Widgets to Digits: Employment Regulation for the Changing Workplace(:Cambridge University Press, 2004).
13.Heino, “Capitalism, Regulation Theory and Australian Labour Law.”
14.For some useful sources within this tradition, seeJohn Burgess andIain Campbell, “The Nature and Dimensions of Precarious Employment in Australia,” Labour & Industry 8, no. 3(1998):5–21;Iain Campbell, “Casual Work and Casualisation: How Does Australia Compare?” Labour & Industry 15, no. 2(2004):85–111;Guy Standing, Precariat: The New Dangerous Class(:Bloomsbury Academic, 2011).
15.Michel Aglietta, A Theory of Capitalist Regulation: The US Experience(:NLB, 1979), 116–22.
16.Bob Jessop, “Revisiting the Regulation Approach: Critical Reflections on the Contradictions, Dilemmas, Fixes and Crisis Dynamics of Growth Regimes,” Capital & Class 37, no. 1(2013):5–24.
17.Bob Jessop andNgai-Ling Sum, Beyond the Regulation Approach: Putting Capitalist Economies in their Place(:Edward Elgar, 2006), 42.
18.Alain Lipietz, Towards a New Economic Order(:Polity Press, 1992), 1–3.
19.Often with considerable analytical and methodological conflict. Contrast, for example,Aglietta, A Theory of Capitalist Regulation;Lipietz, Towards a New Economic Order;Jessop andSum, Beyond the Regulation Approach.
20.Lipietz, Towards a New Economic Order, 3–7.
21.Summarised inHeino andDahlstrom, “War Crimes,” 102–103.
22.Heino, “The State, Class and Occupational Health and Safety,” 162.
23.Lipietz, “Fears and Hopes,” 129–30.
24.Heino andDahlstrom, “War Crimes,” 103–104;Heino, “Capitalism, Regulation Theory and Australian Labour Law.”
25.Burgess andCampbell, “The Nature and Dimensions of Precarious Employment,” 8.
26.Standing, Precariat, 26–58.
27.Campbell, “Casual Work,” 85.
28.Robert Boyer, “Wage Formation in Historical Perspective: The French Experience,”inThe Parisian Regulation School, ed.Bob Jessop(:Edward Elgar, 2001), 148–67.
29.Buchanan,Oliver andBriggs, “Solidarity Reconstructed,” 296.
30.Heino, “Capitalism, Regulation Theory and Australian Labour Law.”
31.Justice Macken, “Report to the Minister for Industrial Relations,”no. 1074, 1982, p.85.
32.John Burgess andIain Campbell, “Casual Employment in Australia: Growth, Characteristics, a Bridge or a Trap?” Economic and Labour Relations Review 9, no. 1(1998):31–54;John Howe, “The Job Creation Function of the State: A New Subject for Labour Law,” Australian Journal of Labour Law 14, no. 3(2001):1–27. Although they do not use the term “antipodean Fordism,” they note that the standard employment relationship only took off in the mid-twentieth century, particularly after World War II.
33.Thom Workman, If You’re in My Way, I’m Walking(:Fernwood Publishing, 2009), 12–14.
34.Saturday morning work was often specially recompensed. For example, in theShop Assistants (Newcastle) and (Metropolitan) Awards Case, in theIndustrial Arbitration Reports, NSW(hereafterAR) 54(1955):871, 885–886, Justice De Baun provided for an allowance of 10 shillings for workers thus engaged. It is telling, however, that this was awarded following a refusal by the Full Bench to grant a five-day working week, in essence representing a premium in lieu of the full benefits of the antipodean Fordist wage-labour nexus;The Australian Industrial Law Review 27, no. 17(1985):275.
35.C. P. Mills andE. G. A. Lambert, eds, The Australian Industrial Law Review 13, no. 37(1971):3;C. P. Mills andE. G. A. Lambert,eds, The Australian Industrial Law Review 14, no. 11(1972):3;The Australian Industrial Law Review 27, no. 17(1985):276.
36.Tom Bramble, Trade Unionism in Australia: A History from Flood to Ebb Tide(:Cambridge University Press, 2008), 41–71.
37.Dennis Mortimer, “Trade Union and Management Strategy: A Case Study of Compulsory Unionism,” Employment Relations Record 1, no. 2(2001):81–97.
38. Ibid., 86.
39.A threat made very apparent by the preparedness of the Transport Workers’ Union to enforce boycotts to ensure compulsory unionism;Nikola Balnave andDennis Mortimer, “Union Security in Retail: Legislative Intervention or Collective Agreement,” International Journal of Employment Studies 13, no. 1(2005):81–105.
40. Ibid., 98–102.
41. Voice 5, no. 1(1973):3.
42.Mortimer, “Trade Union and Management Strategy,” 81.
43.Michael Johnston, “Industrial Notes,” Voice 5, no. 2(1973):8.
44.Heino andDahlstrom, “War Crimes,” 109–110.
45.For example, until the early-1970s manufacturers largely dominated distribution chains, deciding what to produce and often controlling prices through resale price maintenance practices. The role of the retail sector in this arrangement was as an intermediary, marketing products made available by manufacturers. See, for example,Stuart Rosewarne, “The Political Economy of Retailing into the Eighties: Part 2,” Journal of Australian Political Economy, no. 16(1984):75–92;David Burch andGeoff Lawrence, “Supermarket Own Brands, Supply Chains and the Transformation of the Agri-Food System,” International Journal of Sociology of Agriculture and Food 13, no. 1(2005):1–18.
46.Stuart Rosewarne, “The Political Economy of Retailing into the Eighties: Part 1,” Journal of Australian Political Economy, no. 15(1983):18–38.
47.Additionally, full-time employees often proved reluctant to work outside their normal spread of hours. In NSW, the introduction of Friday night and Saturday afternoon trading in 1984 was made conditional upon a savings clause being inserted in theShop Assistants (General Shops) Interim (State) Award, which provided that full-time staff employed prior to 23 July, 1984, could not be compelled to work outside ordinary hours:The Australian Industrial Law Review 27, no. 12(1985):198–99.
48.Brian O’Neill, “A New Minimum Wage of $225,” Shop and Distributive Worker, Summer1981, 3;In re Shop Employees (State) Interim Award and Other Awards, AR(April–June1983, Pt 2):283;The Australian Industrial Law Review 26, no. 7(1984):117.
49.For examples of strike action in NSW, seeThe Australian Industrial Law Review 21, no. 9(1979):137;Damon Frith, “Business as Usual as Workers Protest,” The Australian Financial Review, 10 November1988, 6.
50.The fact that strikes remained limited in retail can be gleaned from the comparatively paltry strike statistics for the sector as a whole from 1975–80 (the period for which we have specific data on the incidence of strikes in the retail sector specifically). Generally speaking, retail strikes were small in number and usually drew in relatively few employees. See Australian Bureau of Statistics, Labour Statistics, Australia, no. 6101.0, for 1975–80. Subsequent iterations ofLabour Statisticsdo not specifically measure strike statistics for the retail sector. This in itself would appear to tell a story as to how negligible strike action in the sector really was.
51. In re Shop Employees (State) Award (No. 2), AR(July–September1977, Pt 3): 555, 569. It is worth noting that the initial trend towards retail precarity was primarily one of casualisation. Unlike the well-established categories of “full-time” and “casual,” “part-time” was a much rarer feature of Australian awards into the 1980s. Indeed, theShop Employees (State) Awardof 1982 provided that part-time workers could only be women or men over 60;NSW Industrial Commission, “Shop Employees (State) Award,” NSW Industrial Gazette 226(1982):1716, 1722.
52. In re Shop Employees (State) Award (No. 2), AR(July–September1977, Pt 3):555, 568–70.
53. In re Shop Employees (State) Interim Award and Another Award, AR(July–September1980, Pt 3):555, 556.
54.In re Shop Employees (State) Award (No. 2), AR(July–September1977, Pt 3):555, 575–84;“Momentous Decision for Young Unemployed,” Voice 9, no. 4(1977); 7.
55.C. P. Mills andE. G. A. Lambert, eds, Australian Industrial Law Review 14, no. 30(1972):6.
56.Justice Macken noted that “the RTA was compelled to adopt a rather ambivalent attitude towards trading hours because of the deep divisions amongst its members with respect to suggested changes”;Justice Macken, “Report to the Minister for Industrial Relations,” 38.
57. Ibid., 38–39. The RTA noted that only 10 per cent of their membership supported de-regulated trading hours, the same 10 per cent who supported Sunday trading, namely, large retailers;“Shopping Hours Inquiry,” The Retail Traders’ News Bulletin, March1983, 3.
58.Michael Lyons, “An Appealing Outcome? Industrial Arbitration and Extended Retail Trading Hours in New South Wales in the 1980s,” International Journal of Employment Studies 13, no. 1(2005):113.
59. Ibid.
60.A move supported by NSW Premier Neville Wran:“Wran Supports Extended Hours,” The Canberra Times, 29 August1983, 3.
61.Justice Macken, “Report to the Minister for Industrial Relations,” 102–10.
62.“Shop-Hours Proposals Accepted by Unions,” The Canberra Times, 22 October1983, 8.
63.“Statement of Accord by the Australian Labor Party and the Australian Council of Trade Union Regarding Economic Policy, February 1983,”inFrank Stilwell, The Accord … and Beyond: The Political Economy of the Labor Government(:Pluto Press, 1986), 159–76.
64.Nicos Poulantzas, State, Power, Socialism(:NLB, 1978).
65.NSW Industrial Commission, Statement Matter, nos 1529 and 1564 (2 August1984), unreported. These agreements were understood as thequid pro quofor union acceptance of de-regulated trading hours;J. Taylor, “Extended Shopping Hours Have Been Delayed Again,” Sydney Morning Herald, 3 August1984, 3.
66.The RTA noted rather sheepishly in early 1984 that“the retail industry is the last major employing industry maintaining a 40 hour week”; “38 Hour Week,” The Retail Traders’ News Bulletin, March–April1984, 5.
67.Which, since 1972, was the prevailing standard in NSW. See NSW Industrial Commission,“In reShift Workers Case 1972,” AR 72, pt 8(1972):633.
68.Robert Debus, NSW Legislative Assembly (LA), Hansard, 1 October1985, 7374.
69. The Australian Industrial Law Review 26, no. 18(1984):294.
70.NSW SDA Official, interview with author, 22 November2013.
71.Lyons, “An Appealing Outcome,” 114. See alsoPat Hills, NSW LA, Hansard, 19 November1985, 9844;P. F. Watkins, NSW Legislative Council (LC), Hansard, 26 November1985, 10515.
73.Pat Hills, NSW LA, Hansard, 14 August1984, 66. The main issue was that the agreements with the six major retailers provided for time-and-a-half rates for all Saturday work, a scheme unpalatable to other general stores; Pat Hills, NSW LA, Hansard, 20 November1985, 10101.
75.Designated “small,” “special” and “confectionary” shops remained governed by theShop Employees (State) Award.
76. The Australian Industrial Law Review 26, no. 18(1984):295(emphasis added).
77. The Australian Industrial Law Review 27, no. 17(1985):275–78.
78.“Shop Award Proceeding Smoothly,” The Retail Traders’ News Bulletin, May–June1985, 5.
79.“RTA Action to Free Shop Award,” The Retail Traders’ News Bulletin, March–April1985, 3.
80.As their behaviour should rightly be regarded:Lyons, “An Appealing Outcome,” 119–20.
81. The Australian Industrial Law Review 27, no. 17(1985):278.
82. Ibid., 276.
83.In lieu, they were given a small allowance for shifts longer than four hours, representing a return to the situation prior to Justice Macken’s 1977 decision originally extending penalty rates to casuals. See“In reShift Workers Case 1972.”
84. The Australian Industrial Law Review 27, no. 17(1985):276.
85. Ibid.
86. Ibid., (emphasis added).
87. Ibid.
88. Ibid., 277(emphasis added).
89. Ibid., 276–77.
90.See, for example, “Shop Award Proceeding Smoothly,” 5.
91.Australian Retailers Association, “Submission to the Committee of Review into Australian Industrial Relations Law and Systems,”1982, Series Z441, Box 30, Noel Butlin Archives Centre.
92. Ibid., 25.
93. Ibid., 15–16.
94.Lyon, “An Appealing Outcome,” 115.
95.E. Campbell, “Unions to Fight Pay Cut Flow-On,” Sydney Morning Herald, 19 August1985, 2.
96.Re Shop Employees (State) Award, inIndustrial Reports 15(1987):27.
97.Bob Jessop, State Theory: Putting the Capitalist State in its Place(:Polity Press, 1990).
98.Bramble, Trade Unionism in Australia, 55.
99.Influence oiled by substantial financial contributions. For example, in 1983 the SDA made a $20,000 contribution to ALP head office, the largest such sum that year:Peter Collins, NSW LA, Hansard, 20 November1985, 10089.
100.See, for example,John Davis Garland, NSW LC, Hansard, 1 October1985, 7318; andP. F. Watkins, NSW LC, Hansard, 26 November1985, 10518; the latter decries the Commission’s “outrageous decision.”
101.Pat Hills, NSW LA, Hansard, 19 November1985, 9843.
102.P. F. Watkins,NSW LC, Hansard, 26 November1985, 10515.
103.“Removal of Appeal Rights,” The Retail Traders’ News Bulletin, June1986, 1.
104.Peter Collins, NSW LA, Hansard, 20 November1985, 10089, 10091.
105.J. C. J. Matthews,NSW LC, Hansard, 20 November1985, 10535;Elisabeth Kirkby, NSW LC, Hansard, 20 November1985, 10536–37.
106.Helen Grant, “‘Conned’ Retailers Seek Redress over Weekend Wage Bill,” Australian Financial Review, 22 April1986, 36.
107.Helen Grant, “SDA Appeals to Wran as Big Five Stand Firm,” Australian Financial Review, 23 April1986, 37.
108.Re Shop Employees’ (Major General Shops) (State) Award, inIndustrial Reports 17(1988):155.
109.Brad Norington andKeith Martin, “Shops Face New Threat as Stocks Run Out,” Sydney Morning Herald, 13 November1986, 3.
110.A direct appeal from the Tribunal to the Commission was ruled out by a privative clause inserted by theIndustrial Arbitration (Further Amendment) Act 1986(NSW). The peculiarity of this provision is further evidence of the influence of the SDA on the Labor Government.
111.The absent assessor was ironically the employer’s nominee, the aforementioned Mr Lawrence;Lyons, “An Appealing Outcome,” 117.
112.G J Coles & Co Ltd & Ors v Retail Trade Industrial Tribunal & Ors, inNew South Wales Law Reports 7(1986):503.
113. Re Shop Employees’ (Major General Shops) (State) Award, 155.
114. Ibid., 157.
115.“Monthly Update,” The Retail Trader, June1986, 1.
116. The Australian Industrial Law Review 30, no. 12(1988):203.
117. Ibid., 203–204.
118. Ibid.
119.Deputy-President Wells noted that the evidence before him “indicated that in some instances there had been a tendency to take the easy way out of staffing problems by simply engaging casuals”;Ibid., 204. This sentiment reveals a judicial myopia regarding the processes unfolding. The increasing precarity of retail employment relationships was not at base a matter of individual employers choosing to “take the easy way out.” Rather, it was the essence of the fundamental change in the wage-labour nexus underway, a transformation spear-headed in the retail sector.
120. Ibid., 204.
121. Ibid.
122. Ibid.
123.“Success for RTA,” The Retail Traders’ News Bulletin, 1988(Special Edition), 1.
124.Employer joy at the decision can be gleaned from the triumphant special issue ofThe Retail Traders’ News Bulletin;Ibid.
125.John Fahey, NSW LA, Hansard, 13 October1988, 2270.
126. Ibid.
127.A. B. Manson,NSW LC, Hansard, 7 December1988, 4508.
128.“Industrial Commission Increases Wages,” The Retail Traders’ News Bulletin, 1988(Special Edition), 1.
129.Heino, “The State, Class and Occupational Health and Safety,” 162.
130.Such as OHS;Ibid.
131.Alain Lipietz, Mirages and Miracles: The Crises of Global Fordism(:Verso, 1987), 15.