A ‘Co-Enforcement’ Agenda for the New Fair Work Agency: Enforcing Employment Rights in Partnership with Civil Society

The Labour Government will merge three existing labour enforcement bodies and the Office of the Director of Labour Market Enforcement to form a single enforcement body known as the ‘Fair Work Agency’ (FWA). This article argues that one important change that the FWA can institute to improve enforcement outcomes is to work in partnership with civil society organisations, such as trade unions, worker advocacy bodies, legal advice services, and ethnic community organisations. Enforcement bodies in Britain have some experience in working with unions on the issue of enforcement and union representation has been present on governing boards for some time. Whilst these efforts point the way, I argue that the FWA could also draw useful lessons from the extensive experience of overseas inspectorates that have formed deeper and more sustained relationships with civil society across a range of enforcement functions. By presenting three case studies drawn from the United States and Australia, this article shows that civil society can be profitably enlisted in the enforcement process in ways that make use of their unique capabilities. Getting enforcement right is essential if the expanded rights contained in the Employment Rights Act are to achieve the Labour Government’s intention to ‘Make Work Pay’.