Private Governance, State Regulation and Employment Standards: How Political Factors Shape their Nexus in Australian Horticulture

Private governance is often thought to compensate for the decline of union bargaining and state employment regulation. The paper explores their nexus by looking at Australian harvest workers whose state employment protection has been undermined by factors including growing supermarket power and the influx of temporary migrants controlled by temporary work agencies. Supply chain codes of conduct (adopted by supermarkets) and codes of conduct (covering temporary work agencies) appear to be a possible remedy. However, recent public exposure of labour abuses has led to political demands to re-regulate employment, which are met by counterclaims that voluntary codes are adequate. A political stalemate has arisen revealing the key role played by political factors in determining how private governance and state regulation intersect.