The Federation Press

Regulating for Job Creation


Job creation is accepted as a key responsibility of the modern nation state and the way in which the state regulates for job creation has significant implications for labour law as traditionally conceived. Despite this, job creation is largely invisible in labour law studies, hidden by the nature of many job creation initiatives as promotional and facilitative forms of regulation.

Regulating for Job Creation addresses this shortcoming in labour law scholarship by employing a regulatory perspective to chart the trajectory of Australian Government efforts to create jobs and reduce unemployment over the period 1974-2008, an era when, paradoxically, there is said to have been a ‘hollowing out’ of the state. In order to more closely explore the regulatory character of job creation policies and programs, in particular the nature and function of law in this context, the book presents case studies of three key Commonwealth job creation programs from the last three decades: the Community Employment Program; JobStart; and the New Enterprise Incentive Scheme.

Howe argues that the state has played an increasingly complex and diverse regulatory role in the formulation and implementation of labour market policies such as job creation programs, contradicting any suggestion of a withdrawal by the state from the realm of governance. The book also reveals that job creation programs are a significant aspect of the role of the state in both the formation and regulation of labour markets as the primary mechanism for the distribution of labour in capitalist democracies. In this way, the book contributes to our understanding the connections between the regulatory regimes of labour law and social security.


Howe is one of the lead reserachers in what has become an influential tradition of labour law scholarship in Australia and perhaps in other Anglophone countries ...The book adopts a three case-study analysis of job regulation, reflected in the ordering of chapters ... the book is accessibly written and clearly of wide and interdisciplinary interest, which is laudable ... In sum Howe’s contribution is arguably three-fold. First, he has contributed to labour law knowledge on job creation, which is a neglected area. Second, he has helped to facilitate interaction between labour lawyers and IR researchers on questions of job creation, calling for interdisciplinary perspectives. Third, his book adds to the understanding of law and its role alongside the state and the market in regulating the world of work and unemployment, during a now longstanding and important period of restructuring. The book is to be highly recommended on all three of these counts. - Journal of Industrial Relations 52(2)

Table of Contents

Job Creation and Labour Law
Constituting and Regulating the Labour Market
Public Sector Job Creation and Legal-Bureaucratic Regulation: The Community Employment Program
Job Creation Through Financial Incentives: JobStart
Creating Entrepreneurs Through Contracting Out: The New Enterprise Incentive Scheme
Conclusion: The Role of Regulation and Law in Job Creation Programs

Of interest...