"Cross-Jurisdictional and Other Implications of Mandatory Clothing Retailer Obligations"

Publisher:
LexisNexis
Publication Type:
Journal Article
Citation:
Australian Journal of Labour Law, 2014, 27 (3), pp. 191 - 215 (25)
Issue Date:
2014-12-09
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This article is about the imposition of mandatory obligations upon effective business controllers of supply chains for the protection of workers. Specifically, the article analyses the genesis, design and operation of New South Wales, South Australian and Queensland mandatory clothing retailer codes and their broader implications, including for the cross-jurisdictional regulation of international supply chains. The extent to which those state mandatory codes already operate cross-jurisdictionally to regulate supply chains spanning across jurisdictions throughout Australia is analysed. It is argued that imposing mandatory obligations upon effective business controllers of supply chains is necessary to adequately address the exploitation of domestic and overseas supply chain labour. In an analogous fashion to the operation of the mandatory clothing retailer codes, domestic legislative regulation of international supply chains can be achieved by piggybacking mandatory requirements onto the intrinsically cross-jurisdictional agreement between an effective business controller and its outside supplier.
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