Home » employment law » Collective Bargaining beyond the Boundaries of Employment: A Comparative Analysis

Collective Bargaining beyond the Boundaries of Employment: A Comparative Analysis


Labour laws are designed in part to provide workers with adequate minimum labour standards, including access to collective voice and representation in establishing working conditions. They generally focus on ‘employees’ but an increasing number of workers are not employees. As Judy Fudge has observed, ‘the forms of work and numbers of workers outside the scope of labour law has proliferated’. For example, in highly developed countries, self-employment ranges from ‘freelance professionals to women who provide childcare in their homes, and to men who drive trucks or operate franchises for a living’.

Collective bargaining laws that only empower ‘employees’ (which may be narrowly defined) to organise and bargain as a collective may leave many workers subject to more restrictive rules of contract, commercial and competition law. This article examines how jurisdictions in Australia and Canada have dealt with the question of collective bargaining by self-employed workers. The article develops a typology of regulatory models, outlining the features of each type of model and considering, in particular, the manner in which these models differ from widely applicable models of employee collective bargaining. It assesses the strengths and weaknesses of the models from the perspective of facilitating worker access to collective bargaining.

Shae McCrystal analysed the state of the regulations in 2014


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: