About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

49 Fed. L. Rev. 438 (2021)
Multi-Stakeholder Frameworks for Rectification of Non-Compliance in Cleaning Supply Chains: The Case of the Cleaning Accountability Framework

handle is hein.journals/fedlr49 and id is 430 raw text is: Australian
National
Article                                                                          University
Federal Law Review
2021, Vol. 49(3) 438-464
Multi-Stakeholder Frameworks                                             © The Author(s) 2021
Article reuse guidelines:
for Rectification of Non-                                                  arm
C~OI 10. Iourna/s0ag72ubX21/h0me/75
Comp lance in Cleaning Supply                                        jaAGE
Chains: The Case of the Cleaning
Accountability Framework
Michael Rawling*        , Sarah Kaine**,
Emmanuel josserand*** and Martijn Boersmat
Abstract
There is now an expanding body of literature on the significant problem of business non-
compliance with minimum labour standards including 'wage theft'. Extended liability regula-
tion beyond the direct employer is seen as one solution to this non-compliance in fragmented
but hierarchically organised industries-such as the cleaning industry. This article uses
empirical evidence to assess the effectiveness of one such regulatory scheme, the Cleaning
Accountability Framework (CAF), in addressing non-compliance with minimum labour stan-
dards (including provisions of the Fair Work Act 2009 (Cth) and the Cleaning Services Award
2020). We find that CAF has been successful in identifying and rectifying certain non-
compliance, improving working conditions for some cleaners involved in the scheme. We
synthesise the key success factors of CAF in view of envisioning the adoption of such co-
regulation frameworks in other industries. We also propose legal reforms that will support
change across the cleaning industry.
I Introduction
There is now an expanding body of literature on the problem of business non-compliance with
labour standards including 'wage (and superannuation) theft' and other forms of labour
* Senior Lecturer in the Faculty of Law at the University of Technology Sydney, New South Wales, Australia. Thank you to
Terry Carney for reading a previous draft of this article and to Katie Johns for assistance with referencing, editing and
formatting. Also thank you to the anonymous referees. Any errors are our own. The author may be contacted at michael.
rawling@uts.edu.au.
** University of Technology Sydney, New South Wales, Australia. The author may be contacted at sarah.kaine@uts.edu.au.
***University of Technology Sydney, New South Wales, Australia; Geneva School of Economics and Management,
University of Geneva, Geneva, Switzerland. The author may be contacted at emmanuel.josserand@uts.edu.au.
t University of Technology Sydney, New South Wales, Australia. The author may be contacted at martijn.boersma@uts
.edu.au.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most