Brett is a legal scholar and historian who joined the Faculty of Law in 2018. He holds an LLB (Honours I), BA and PhD from the University of Wollongong. His research interests lie primarily in the political economy of law. In particular, his work focuses upon how the functions and development of law are tied to the historical evolution of the capitalist mode of production. His book Regulation Theory and Australian Capitalism: Rethinking Social Justice and Labour Law (Rowman & Littlefield International, 2017) combines Marxist jurisprudence and regulation theory to understand the place of labour law within the architecture of post-World War II Australian capitalism. He has also published articles on trading hours legislation, occupational health and safety, trade union mobilisation and literary theory.
Political economy of law; labour law; legal theory; legal history.
Heino, B 2017, Regulation Theory and Australian Capitalism: Rethinking Social Justice and Labour Law, Rowman & Littlefield International, London.
This article argues that the American political system under Donald Trump is an example of what Antonio Gramsci dubbed "Caesarism," a situation where a taut balance of warring class forces allows
for the emergence of a third force to freeze the antagonism and challenge/usurp established political institutions. To concretise Gramsci's rather abstract formulation and to better illuminate the nature of American Caesarism, this article employs a reading of the Roman poet Lucan's magisterial Civil War. Through a close reading of this text, we can explore the origins of Caesarism and study the efficacy of different means of struggle against it. Lucan thus helps us reinvigorate the concept
of Caesarism and apply it in the contemporary American context. In particular, it will be demonstrated that whereas Lucan depicts a progressive form of Caesarism with a qualitatively new state
form, the Trump administration embodies a regressive form of Caesarism within an old state form.
Heino, B 2020, 'How to Solve a Crisis? The 1977 Metal Unions Seminar on the Role of the Industries Assistance Commission', Labour History, no. 118, pp. 83-104.
In June 1977, metal unions convened a seminar on the future of Australian manufacturing, bringing together over 1,200 delegates from unions, business and politics. The event is best conceived as an early episode of institutional searching, whereby the state, capital and labour engage in a contradictory and contested process of discovering ways through the crisis of the extant antipodean Fordist model of development. Whereas some prescriptions tended to reinforce the structure and
logic of antipodean Fordism, others cut across its grain and evinced radically new modalities of regulating capitalism. Other contributions reflected confusion and an inability to formulate concrete proposals for reform. This article will demonstrate the utility of seeing the 1977 seminar in this way, by focusing on the session dedicated to exploring the role of the Industries Assistance Commission. The analysis will reveal that, whereas the union and employer advocates remained within the ambit
of the antipodean Fordist system, the Commission representative delivered proposals fundamentally at odds with its dynamics.
Neoliberalism has failed to deliver basic social needs of work and subsistence. Two key strategies designed to overcome this failure are a jobs guarantee and a universal basic income. Although each is buttressed by well-developed bodies of literature, a wide-ranging and rigorous comparison of the advantages and disadvantages of each in the context of contemporary Australian society is lacking. This article will compare the performance of each idea across a number of indicators, including effects on employment levels, the wage structure, inflation, funding and the environment, before concluding with some observations about institutional durability and reproducibility. As a result of this analysis, we conclude that a jobs guarantee has more to offer contemporary Australian society.
Heino, B 2019, 'Jason Schulman. Neoliberalism, Labour governments, and working-class power-resources: a tale of the tape', Interface : a Journal for and about Social Movements, vol. 11, no. 1, pp. 237-255.
The 2007-08 Global Financial Crisis represented a violent close to a two-decade
period of ascendant neoliberalism. Although in the aftermath of the crisis the
political and economic structures of neoliberalism remain more-or-less intact,
the system is enervate, increasingly fragile and, perhaps most importantly,
lacking the sense of legitimacy and inevitability which had once been its
armour: 'dominant but dead', in the words of Smith (2010: 54). For the first
time in years, there is the sense that history is open, that alternatives to
neoliberalism are taking shape on both the Right and the Left. Invigorating yet dangerous currents of anger, disenchantment, hope and energy swirl in our polities: invigorating, in that they can be harnessed in the creation of a
progressive and inclusive vision of life after neoliberalism; dangerous, in that such forces can equally be pressed into the service of a resurgent far Right. To realise the former is the pressing task confronting progressive forces across the globe. However, if the Left is to proffer a cogent post-neoliberal future, it must first come to terms with the circumstances of neoliberalism's birth and the painful truth that social democracy was complicit in its genesis. Only by identifying and acknowledging past mistakes can the ground be cleared for the progressive alternative to neoliberalism that we so sorely need.
Heino, B 2019, 'The Engine of Antipodean Fordism: Australia's Metal Trades Award, 1947-63', law&history, vol. 6, no. 1, pp. 143-174.
The thirty-year post-World War II boom in Australia has been described as the era of the antipodean Fordist model of development. Key to the functioning of this model is a 'lead sector', an industry or industries that are the source of wage and conditions improvements that subsequently flow-on to workers in the broader labour force. In Australia, the metal trades sector executed this vital function. This article explores the path by which this sector, governed by the Metal Trades Award, became juridically institutionalised as a pace-setter in the practices and methodology of the federal arbitral tribunal between 1947 and 1963. Focussing on several key decisions fixing payments for skill in awards, so-called 'margins', it will be seen that, by a process of evolution, the metal trades sector came to dominate marginal wage fixation, and was construed by the federal tribunal as a proxy for the economy at large. In plotting the process by which this lead sector principle took root, the article also reveals a differentiation of this principle into a 'passive' and 'active' facet.
Heino, B 2017, 'Trading hours deregulation in Tasmania and Western Australia: large retailer dominance and changing models of development', Labour and Industry: a journal of the social and economic relations of work, vol. 27, no. 2, pp. 95-112.View/Download from: Publisher's site
Heino, B 2015, 'Award Regulation and the New South Wales Retail Sector, 1971–88: Crisis and Experimentation amidst Changing Models of Development', Labour History, vol. 109, pp. 75-92.
Heino, B 2015, 'Capitalism, regulation theory and Australian labour law: Towards a new theoretical model', Capital and Class, vol. 39, no. 3, pp. 453-472.
Heino, B 2014, 'Workchoices - Characterisation, Effects and Resistance: An AMWU perspective', Social Alternatives, vol. 33, no. 2, pp. 50-57.
Heino, B & Dahlstrom, J 2014, 'War Crimes and the Parisian Regulation Approach: Representations of the Crisis of Antipodean Fordism', Journal of Australian Political Economy, vol. 74, pp. 95-118.
Heino, B 2013, 'The state, class and occupational health and safety: locating the capitalist state's role in the regulation of OHS in NSW', Labour and Industry, vol. 23, no. 2, pp. 150-167.
Heino, B 2020, 'The Spaces of Australian Capitalism: Making"Place" out of "Space" in The Unknown Industrial Prisoner', Australian International Political Economy Network 11th Workshop, Sydney.
Heino, B 2018, 'The Lynchpin of Antipodean Fordism: Australia's Metal Trades Award as a Pace-Setter, 1947-63', Law and Society Association of Australia and New Zealand, University of Wollongong.
Heino, B 2014, 'Regulation theory and Australian labour law: from antipodean Fordism to liberal-productivism', Association of Industrial Relations Academics of Australia and New Zealand, Melbourne.
Heino, B 2019, 'Midway upon the journey', Progress in Political Economy.
Shortlisted for the 2018 Overland Fair Australia Prize
Heino, B 2020, 'Donald Trump And American Caesarism', Progress in Political Economy.
Heino, B 2019, ''Your push is what makes the wheels turn': Class, crime and law in colonial New South Wales', SAGE Publications, pp. 362-367.
Heino, B 2019, 'Fear and the polis in Sophocles' Ajax', Progress in Political Economy.
Heino, B 2019, 'Optimates vs populares: Lucan on Trumpism', Progress in Political Economy.
Originally appearing in Progress in Political Economy, 24 April 2019.
Heino, B 2018, 'Towards a queer Marxism: Holly Lewis on the terms of the dialogue', SAGE Publications, pp. 559-602.
Heino, B 2017, 'Book review - 'The Great Leveler: Capitalism and Competition in the Court of Law'', SAGE Publications, pp. 392-395.
Heino, B 2016, 'Book review - 'PostCapitalism: A Guide to Our Future'', SAGE Publications, pp. 557-560.
Heino, B 2015, 'Book Review - 'Australia's Boldest Experiment: War and reconstruction in the 1940s'', pp. 34-34.
Heino, B 2015, 'Book Review - 'If You're in My Way, I'm Walking: The Assault on Working People Since 1970'', SAGE Publications, pp. 403-405.