Labour Law and Climate Change
Frances Flanagan and Joo-Cheong Tham
This chapter examines the role of Australian labour law in the climate crisis. It explains how Australian labour law is presently indifferent towards climate action and at times, restrictively so. It goes on to identify pathways towards a climate conscious Australian labour law, one which can be a vehicle for effective climate action.
KEY QUESTIONS
- How has Australian labour law contributed to climate action?
- How should Australian labour law contribute to climate action?
Keywords: labour law, democracy, collective bargaining, capitalism, just transition, work health and safety, adaptation, planning, degrowth
CHAPTER OUTLINE
1. The Central Role of Labour Law in the Climate Crisis
2. The Contradictory Logics of Labour Law in the Climate Crisis
3. How Australian Labour Law is Indifferent to Climate Action
3.1 Australian Labour Law Typically Does Not Have Environmental Objectives
3.2 Australian Labour Law Severely Restricts the Pursuit of Environmental Objectives, Especially in Relation to Collective Bargaining and Industrial Action
3.2.1 The Subject Matter of Bargaining
3.2.2 The Level of Bargaining
3.2.3 The Ability to Take Industrial Action
3.3 Australian Labour Law Does Not Systematically Provide for Climate Action
3.3.1 Work, Health and Safety Laws
3.3.2 The Absence of Climate Planning
3.4 Australian Labour Law is Premised Upon Continuous Economic Growth
4. Towards a Climate Conscious Australian Labour Law
4.1 Integrate Environmental Objectives into Australian Labour Law
4.2 Foreground Green Bargaining
4.3 Invigorate Democratic Solidarity
4.4 Explore Post-Growth (Post-Capitalist) Futures
