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.
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 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.