A Broader Role for the Commonwealth in Eradicating Foreign Sweatshops?

In this article I explore existing and potential forms of regulation that may prompt Australian firms to improve the conditions of workers in foreign sweatshops. I first note that workers experiencing sweatshop conditions are more likely to be linked to Australian firms through 'buyer-driven supply chains' than via direct employment relations. I then consider the current regulatory framework relevant to the relationship between Australian firms and foreign workers, surveying the common law, statute, self-regulatory initiatives in the private sector, and multi-stakeholder initiatives involving non-governmental organisations and international agencies. Each of these has only limited effectiveness. In the final part of the article, I investigate the potential for new regulatory strategies. I highlight the limitations of an overly prescriptive approach and examine the feasibility of various 'meta-regulatory' measures aimed at improving firms' internal processes for dealing with foreign sweatshop-related issues