Conference Agenda

The effectiveness of labour regulation in achieving decent work remains a contested issue, particularly in highly feminised sectors where structural inequalities persist globally. In Australia, IR reforms have historically failed to deliver broad-based improvements in job quality in these sectors. This paper examines the impact of recent amendments to national industrial relations legislation, Fair Work Act 2009 on gender equity and job quality in the Australian labour market.

This study addresses the following research questions: To what extent do recent legislative changes improve gender equity in pay and conditions? Do these reforms boost job quality in feminised sectors? What design features or institutional constraints may limit their effectiveness in achieving decent work outcomes?

Method: The analysis draws on a mixed-methods approach, combining qualitative content analysis of pre- and post- 2022 legislative provisions, Fair Work Commission determinations with insights from (union, government, employer) stakeholder submissions and advocacy, policy documents, and labour market data. This enables an assessment of both the intended and emerging effects of these reforms on gender equity in the workplace.

Findings and Contribution: Two key legislative changes are examined in the paper. First the addition of ‘gender equality’ as an Objective of the Fair Work Act, which has the potential to embed gender considerations more explicitly in the work of the Fair Work Commission an institution which, among other things, sets national- and industry-based minimum standards. Second, the introduction of a new Supported Bargaining Stream is considered. This expands multi-employer bargaining access for workers in low-paid, feminised industries, with government funding bodies potentially playing a greater role in negotiations (Charlesworth and McDonald 2023). The paper highlights the forces and events that have shaped these changes including policy failure, the agency of policy actors, national political change, and structural shifts in the economy (see Ellem et al 2025). It argues that while these reforms hold promise, their actual impact remains uncertain. By applying a gender lens, the study interrogates whether these policy interventions have or may translate into substantive improvements in job quality in feminised sectors of the labour market or whether institutional and other constraints continue to limit their effectiveness. This analysis contributes to the "Good Ideas, No Impact?" track by critically assessing the effectiveness of recent gender equity-driven reforms and offering insights into the broader global debate on labour regulation and the pursuit of decent work, especially in feminised industries (eg Rubery 2011; Rubery and Grimshaw 2011).

Introduction

Globally, 44% of the workforce is engaged in farming, exposing approximately 860 million agricultural workers to pesticides annually. Unintended pesticide poisonings result in 11,000 deaths per year, with India accounting for nearly 60% of these fatalities. Despite existing regulations, farm workers remain highly vulnerable due to unsafe pesticide practices, lack of awareness, and regulatory loopholes.

Research Questions

This study seeks to understand the primary safety risks faced by farm workers using pesticides, the effectiveness of current regulations in protecting agricultural workers, and the necessary policy changes to enhance worker safety and reduce pesticide-related fatalities.

Methodology

This research is based on an analysis of 100 pesticide exposure cases among chili farmers in India (2023-24) using a mixed-method approach. The study utilizes secondary data from the Farmers’ Situation Assessment and NCRB records. Additionally, primary data collection was conducted through snowball sampling to gather firsthand accounts from affected farmers and workers. A qualitative analysis was carried out to identify policy gaps and enforcement challenges within the existing regulatory framework.

Contribution to Literature

This study contributes to the existing body of knowledge on workers safety and policy by highlighting the discrepancies between legal provisions and real-world enforcement. It provides empirical data on worker safety gaps and pesticide exposure levels while advocating for stronger liability measures for pesticide manufacturers and suppliers. Furthermore, it proposes a comprehensive regulatory framework to ensure better implementation and monitoring of pesticide regulations to reduce pesticides exposures and reduce health hazards to farmers.

Findings

The study reveals significant gaps in worker safety, with 67% of farmers lacking awareness of pesticide hazards. Additionally, 41% report the sale of banned and unauthorised pesticides in local markets, and 75% do not have access to proper protective equipment. A concerning 63% of farmers state that dealers do not provide safety guidance, while 32% use excessive doses and mixtures of pesticides. Moreover, 35% experience unintended exposure during application, and 21% face exposure due to pesticide storage at home.

These findings underscore the urgent need for regulatory reform, including accountability at local level in implementation of regulations, stricter liability measures, and continuous monitoring under the proposed Pesticide Management Bill, 2020. Strengthening enforcement and accountability will be crucial in reducing pesticide-related poisonings and fatalities in India.

Labour exploitation is rampant in the global garment and textile industries. Further, indicators of forced labour, such as bonded labour, restriction of movement, withholding wages and excessive overtime, and work compelled under threat of physical violence are present in global supply chains for cotton, textile, and garment industries. Growing awareness of these issues and of the perceived failure of national labour laws and company-based corporate social responsibility initiatives to address forced labour have led to the introduction of modern slavery disclosure laws. Canada has recently joined other jurisdictions in doing so. Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act builds on similar legislation in place in California, the UK and Australia. Companies must publish annual reports that outline what steps, if any, they have taken to address and prevent forced labour in their supply chains. Underpinning these laws is an assumption that reporting requirements increase transparency, which in turn will increase pressure on companies to address forced labour. A further assumption is that legislation will encourage businesses to accelerate environmental, social, and governance strategies, particularly labour codes in their supply chains.

Do these assumptions have merit? Are modern slavery laws an appropriate and effective way to tackle forced labour and other forms of extreme labour exploitation in global supply chains? Put simply, do these laws make any difference, and if so, what difference do they make? We begin to answer these questions through a case study of one leading Canadian retailer and apparel company with global reach – lululemon athletica. This paper reports on recently completed research. We engage with academic and policy-oriented debates and draw on a wide range of primary and secondary sources, including interviews, publicly available company documents, lululemon’s media statements and reports by social auditors. We reviewed these documents along with the company’s modern slavery statements to trace the steps the company has taken over time in response to the introduction of the modern slavery laws it is subject to. Our research suggests that the new laws do make some difference, but largely only in terms of transparency. We call for the adoption of measures that focus on preventing and remedying harm, not just on disclosure, and for tighter regulations that would compel companies to release additional information – data that will better map and report on the company’s supply chain, and data that measures the outcome of policies on workers.

In 1995, the Mobile Inspection Special Group (GEFM) was established to combat contemporary slave labor in Brazil. However, thirty years later, this practice remains a harsh reality in the country, despite legislative advancements and institutional actions. In 2023 alone, more than 3,240 workers were rescued from such conditions. This crime directly violates human dignity and requires a more robust and effective state response.

In this context, inspections conducted primarily by the Ministry of Labor and Employment and the Labor Prosecutor's Office play a crucial role in repressing these practices. Nevertheless, the challenge remains to ensure that, during and after inspections, existing legal norms translate into effective protection for workers. This research aims to address two key questions: What factors determine the effectiveness of actions to combat slave labor and human trafficking in Brazil today? What institutional and operational gaps hinder the effectiveness of labor regulation in these contexts?

The research adopts a mixed-methods approach (quantitative and qualitative), involving a review of the relevant literature and an analysis of reports from members of the Labor Prosecutor's Office and, potentially, other institutional partners participating in task forces conducted in the post-pandemic period (2022-2024). Data collection will include document analysis of the mobile group’s action outcomes, followed by the application of standardized questionnaires and semi-structured interviews with those involved in the operations. The study will also consider the application of new artificial intelligence tools, where applicable, in the planning and execution of inspections.

Currently in the documentary review phase, this study expands the debate on the effectiveness of labor regulation in contexts of severe rights violations by analyzing how institutional factors, such as the coordination between different agencies and the quality of inspection instruments, influence the outcomes of enforcement actions. Thus, it contributes to public policy by proposing evidence-based recommendations for improving inspections.

The study aims to identify factors that influence the effectiveness of inspection actions, such as documentation standards, criteria for recognizing slave labor, and the causes of inspection failures. Practical recommendations will be provided to enhance the effectiveness of institutional actions, including proposals for improving regulations and leveraging technology for monitoring and planning actions. These insights will contribute to more efficient inspections and inspire the development of more robust regulatory models that are sensitive to social and economic vulnerability contexts.