Examining the Path Ahead in Fighting Modern Slavery

December 13, 2024UncategorizedAustralian Modern Slavery Act, California Transparency in Supply Chains Act, Consumer Activism, Corporate Accountability, Corporate Compliance, corporate social responsibility, Ethical Business Practices, Forced Labor, global supply chains, human rights, human trafficking, Labor Exploitation, modern slavery, Norm Diffusion, Regulatory Enforcement, Risk Disclosure, Supply Chain Due Diligence, Supply Chain Transparency, Transparency Legislation., Worker Conditionsmartijn

In a world where an estimated 49.6 million people are trapped in modern slavery, addressing forced labor in global supply chains has become an urgent priority. Chapter 31 of The Palgrave Handbook on Modern Slavery explores the impact of two pivotal pieces of legislation—the California Transparency in Supply Chains Act (CTSCA) and Australia’s Modern Slavery Act (MSA)—on corporate transparency and accountability. Authored by Martijn Boersma, Mary Graw Leary, and Hiruy Wubie Gebreegziabher, the chapter delves into how these laws influence corporate disclosures, the challenges they face, and what lies ahead in the fight against labour exploitation.

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Elevating Ethical Practices in the TCF Industry

December 13, 2024UncategorizedAccreditation, and footwear (TCF) industry, clothing, Consumer awareness, Ethical Clothing Australia, Ethical practices, Ethical procurement, exploitation, Fair treatment, Forced Labor, Government procurement, Human rights due diligence, Local manufacturing, migrant workers, modern slavery, New South Wales Ethical Clothing Extended Responsibility Scheme, Proactive measures., Regulatory frameworks, Responsible sourcing, Risk mitigation, Supply Chain Transparency, Sustainability, Textile, transparency, Unions, Worker protection, Workplace rightsmartijn

Ethical Clothing Australia Week 2024 showcased a dynamic discussion in Sydney on transparency, risk mitigation, and tackling exploitation within the textile, clothing, and footwear (TCF) industry. Co-hosted with the University of Sydney’s Modern Slavery Unit and Business School’s MBA Dimensions Program, the panel brought together industry experts and advocates to address challenges and chart a path toward ethical practices.

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National Manager Rachel Reilly emphasised the importance of empowering consumers to make ethical purchasing choices while eradicating exploitation in Australia’s TCF industry. The panel highlighted five key takeaways for transforming the sector:

The Role of Unions in Worker Protection
Unions provide a vital voice for workers, particularly those in precarious positions. As Jenny Kruschel of the CFMEU noted, workers need safe spaces to raise concerns without fear of retaliation. Research indicates a strong correlation between unionized workforces and reduced instances of modern slavery, underscoring unions’ essential role in supply chain transparency.
Beyond Modern Slavery Statements
The shift toward human rights due diligence marks a crucial evolution in corporate responsibility. Associate Professor Martijn Boersma stressed that businesses must move beyond reporting risks to actively addressing them through robust policies and proactive measures.
Consumers Driving Change
Consumer awareness has surged, with many Australians recognizing their potential connection to modern slavery through everyday purchases. Carolyn Kitto OAM of Be Slavery Free emphasized that governments must support consumers by rejecting imports linked to forced labor, encouraging ethical, local alternatives.
Government Procurement as a Catalyst
Ethical procurement by governments—backed by their significant economic footprint—can provide much-needed certainty for local manufacturers. Andrew Quinn of ABMT Apparel advocated for breaking down procurement projects to make them accessible to smaller, ethically accredited businesses.
The Power of Transparent Supply Chains
The New South Wales Ethical Clothing Extended Responsibility Scheme, a pioneering regulatory framework, demonstrated the value of granular transparency. As The Hon. Dr. Sarah Kaine highlighted, re-operationalizing such initiatives could ensure fair treatment of workers across supply chains.

The panel reaffirmed that collective action—spanning consumers, unions, businesses, and government—is essential to building a fairer, more ethical TCF industry. Complete coverage of the event can be found here.

The Right to Disconnect: From Policy to Practice

December 13, 2024UncategorizedAustralian employment law, availability creep, cultural shift, digital age, employee well-being, fair work act, flexible work, hyperconnectivity, legislative frameworks, organizational strategies, right to disconnect, sustainable work practices., technology-enabled work, work-life balance, workplace culture, workplace policiesmartijn

Australia’s introduction of a right to disconnect marks a critical step in addressing the challenges of hyperconnectivity in the modern workplace. Amendments to the Fair Work Act, effective from August 2024 for larger businesses, aim to safeguard workers’ personal time, allowing them to decline out-of-hours contact unless refusal is unreasonable. While the legislation is a milestone, the global experience shows that meaningful implementation requires more than policy—it demands a cultural shift.

Technology-enabled flexible work has brought benefits, such as autonomy and reduced commuting, but has also blurred the boundaries between work and personal life. Hyperconnectivity contributes to stress, burnout, and declining work-life balance, creating an urgent need for safeguards. Australia’s provisions draw on lessons from early adopters like France and Belgium, highlighting the importance of clear policies and supportive workplace cultures.

However, success hinges on practical action. Employers must adopt tailored strategies, such as automated email systems and clear communication on after-hours expectations. Training and awareness programs will be key to fostering environments where workers feel empowered to disconnect without fear of repercussions. This right represents more than a legal change—it is an opportunity to recalibrate work-life boundaries in the digital age. By combining thoughtful legislation with proactive cultural and organizational initiatives, Australia can lead the way in crafting more sustainable and balanced work practices.

Australia’s Anti-Slavery Commissioner: RNZ and 6PR Radio Interview

November 13, 2024Uncategorized6PR, Anti-Slavery Commissioner, Australia, Chris Evans, forced labour, Martijn Boersma, modern slavery, modern slavery act, Radio New Zealandmartijn

I had the opportunity to speak with Radio New Zealand’s Ingrid Hipkiss on the Morning Report and 6PR Perth’s Gary Adshead about the appointment of Australia’s first Anti-Slavery Commissioner, Chris Evans. Australia has been a leader in modern slavery legislation since 2018, though there’s now an urgent need to update and enhance our laws to match global developments, especially in Europe. During these conversations, I discussed how the new commissioner will face the complex task of balancing civil society’s call for stronger protections with the business sector’s concerns about regulatory burden. There is a balance to strike, but meaningful changes are essential to ensure that Australia’s Modern Slavery Act keeps pace with the evolving standards worldwide.

martijnboersma · Appointment of Australia Anti-Slavery Commissioner – Radio New Zealand and 6PR Perth

New Research on the Political Influence of Proxy Advisors

October 31, 2024UncategorizedClimate change, ESG, ethical investment, first nations land rights, market mechanisms, modern slavery, political influence, proxy advisors, rio tinto, shareholder activism, shareholder resolution, woodsidemartijn

This article presents a framework for examining the role of proxy advisors in campaigns for ethical investment. We argue that advisors have historically been assumed to be neutral and technical experts, when in fact they wield significant political influence, and can serve as gatekeepers or allies in campaigns for ethical investment. To substantiate these claims, we examined the role of proxy advisors as agents for disseminating norms of business behaviour. We first traced the ecosystem of actors in campaigns for ethical investment, highlighting the pivotal role that proxy advisors play in such movements and the market control of the two key players, and the implications of their potentially influential position. In doing so, we challenged some of the key arguments in favour of shareholder activism, predominately that it widens opportunities for political engagement. We introduced a norm contestation framework for analysis and applied this to proxy advisors as key actors in the ecosystem of market-based activism. Lastly, we explored this political influence through two case studies that illuminate proxy advisors’ role in judging companies on their ESG performance. We also detailed the backlash to the proxy advisory market, which affirms the arguments we regarding the political influence of proxy advisors, highlighting that this is recognised by regulators, and justifies further scholarly scrutiny.

Definition of Organizational Legitimacy – Encyclopedia of Corporate Governance

October 29, 2024Uncategorizedacademy of management journal, cognitive legitimacy, legitimacy, legitimacy as a process, legitimacy as a property, moral legitimacy, organizational legitimacy, pragmatic legitimacy, social license to operate, Suchman, The Elgar Encyclopedia of Corporate Governance, Webermartijn

The Elgar Encyclopedia of Corporate Governance represents the definitive reference work in the field. The Encyclopedia presents an overarching guide to a wide variety of subjects within corporate governance, and forms an essential resource for academics, practitioners, and students alike. The Elgar Encyclopedia of Corporate Governance is edited by leading international scholars, and contains a broad collection of entries authored by key scholars within the field that collectively aim to provide a concise and accessible coverage of the essential subjects. Useful as a reference tool or high-level introduction to specific topics, issues, methods, and debates, this Encyclopedia is an invaluable contribution to the field. Below you will find an authoritative definition of organizational legitimacy.

Citation: Boersma, M. (2024). Organizational Legitimacy. In T. Clarke, W. Khlif, & C. Ingley (Eds.), Elgar Encyclopedia of Corporate Governance (p. 222). Edward Edgar Publishing Ltd.

Definition of Modern Slavery – Encyclopedia of Corporate Governance

October 29, 2024UncategorizedCorporate Governance, Definition, forced labour, human trafficking, modern slavery, The Elgar Encyclopedia of Corporate Governancemartijn

Citation: Boersma, M. (2024). Modern Slavery. In T. Clarke, W. Khlif, & C. Ingley (Eds.), Elgar Encyclopedia of Corporate Governance (pp. 350–351). Edward Edgar Publishing Ltd.

Will lawyers exercise the right to disconnect?

October 29, 2024Uncategorizedavailability creep, flexibility, industrial relations, remote work, right to disconnect, technology, WFH, work-life balance, workplace culturemartijn

Australian workers now have the right to disconnect from work after hours. Whether the legal profession takes advantage depends on an openness to culture change and reimagining client relationships.

In a landmark change to employment law, Australian workers can now refuse to monitor, read or respond to calls, texts, emails and other forms of contact outside working hours, unless that refusal is unreasonable.

The ‘right to disconnect’ is a response to the encroachment of work into personal life and growing concerns about work-related mental health issues linked to stress and overwork.

But what of professions like law where practitioners are expected to work long hours and service demanding clients, and are generally well-renumerated for their trouble – will these new laws make a meaningful difference to lawyers’ working habits?

Some commentators believe this regulatory change will help to balance the advantages of digital flexibility with protections against overwork, but there are concerns about enforceability and the appetite of law firms and employers across the profession to tolerate a cultural shift in the way practitioners work.

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The Renewables Future is Built on Modern Slavery

September 12, 2024Uncategorizedbatteries, Climate change, cobalt, democratic republic of congo, energy transition, forced labour, modern slavery, polysilicon, renewables, solar panels, xinjiangmartijn

The mineral Cobalt is in almost everything required for the future. Laptops, smartphones, and semiconductors all use this rock, which is mostly pulled out of mines in the Democratic Republic of Congo. Cobalt, along with Lithium is also set to revolutionise the way we live and power our world through solar panels and enormous battery storage, but as much as 30% of the cobalt mined in the DRC is done so by people working under conditions described as modern slavery. So the question is, now that we know, what do we do about it? In this episode, we explore what is being done to preserve our world against modern slavery a problem that traps 50 million people around the world. Providing expert insight is Associate Professor Martijn Boersma from the University of Sydney.