Labour rights as human rights : workers' safety at work in Australian-based supply chains

The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers. This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China). It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses. Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged. Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR). The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized. Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.

A principal at work : a story of leadership for building sustainable capacity of a school

This study explores through a lifestream narrative how the life experiences of a female primary school principal are organised as practical knowledge, and are used to inform action that is directed towards creating a sustainable school culture. An alternative model of school leadership is presented which describes the thinking and activity of a leader as a process. The process demonstrates how a leader's practical knowledge is dynamic, broadly based in experiential life, and open to change. As such, it is described as a model of sustainable leadership-in-process. The research questions at the heart of this study are: How does a leader construct and organize knowledge in the enactment of the principal ship to deal with the dilemmas and opportunities that arise everyday in school life? And: What does this particular way of organising knowledge look like in the effort to build a sustainable school community? The sustainable leadership-in-process thesis encapsulates new ways of leading primary schools through the principalship. These new ways are described as developing and maintaining the following dimensions of leadership: quality relationships, a collective (shared vision), collaboration and partnerships, and high achieving learning environments. Such dimensions are enacted by the principal through the activities of conversations, performance development, research and data-driven action, promoting innovation, and anticipating and predicting the future. Sustainable leadership-in-process is shared, dynamic, visible and transparent and is conducted through the processes of positioning, defining, organising, experimenting and evaluating in a continuous and iterative way. A rich understanding of the specificity of the life of a female primary school principal was achieved using story telling, story listening and story creation in a collaborative relationship between the researcher and the researched participant. as a means of educational theorising. Analysis and interpretation were undertaken as a recursive process in which the immediate interpretations were shared with the researched participant. The view of theorising adopted in this research is that of theory as hermeneutic; that is, theory is generated out of the stories of experiential life, rather than discovered in the stories.