Capitalism, regulation theory and Australian labour law: Towards a new theoretical model

Abstract

This article employs the methodology of the Parisian regulation approach to periodise Australian capitalism into distinct models of development. Within such models, labour law plays a key role in articulating the abstract capitalist need to commodify labour-power with the concrete realities of class struggle. Given the differential ordering of social contradictions and the distinct relationship of social forces within the fabric of each model of development, such formations will crystallise distinct regimes of labour law. This is demonstrated by a study of the two successive models of development that have characterised Australian political economy since the post-Second World War era: antipodean Fordism (1945 to mid-1970s) and liberal-productivism (late-1980s to the present). The result of this examination is a model of legal analysis that, although tailored to the Australian experience, is capable of application in other contexts.