Regulatory challenges in the Australian garment industry: human rights in a post-Ruggie environment

Abstract

As corporations increasingly operate beyond national boundaries, the regulatory frameworks that monitor their conduct have not kept pace with the dynamic global playing field. Governance gaps are endemic to this environment, where corporate human rights abuses potentially transpire without sanction or reparation. This article investigates the human rights and business nexus in Australia, applying a labour rights lens. We examine two cases within the Australian garment industry: the Home Workers Code of Practice and Coles. We analyse the UN Guiding Principles as the baseline corporate responsibility to respect human rights in relation to two of our cases. The Regulation Theory is applied to explore the roles of three distinct actors: states, corporations and non-state actors. We also examine governance gaps as direct consequences of inadequate regulatory frameworks provided by government. We conclude that in Australia, the human rights and business agenda is functioning at the superficial level with corporate responsibilities failing to be fully met and with little evidence of states complying with their duty to protect human rights abuses resulting from corporate misconduct.