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Migrant workers are often concentrated in segments of the labour market characterised by low-paid and insecure work and which fall outside of the traditional ‘web of rules’ providing workers with protections. Institutional experimentation provides an opportunity to rectify this. This chapter examines the reasons why migrant workers are often subject to exploitation and marginalisation in the labour market. It then analyses the roles of the three main actors with the capacity to protect and improve migrant workers’ labour market position: governments, trade unions and community organisations. It proposes a ‘co-regulation’ approach based on collaborative institutional experimentation between these actors as the most effective way to address the exploitation and marginalisation of migrant workers.

This introductory chapter surveys institutional experimentation that has emerged internationally in response to the contraction of the traditional model of employment protection. Various initiatives are discussed according to the particular challenges they are designed to address: the emergence of non-standard employment contracts; increasing sources of labour supply engaging in non-standard work; intensification of exogenous pressures on the employment relationship; the growth of intermediaries that separate the management from the control of labour; and the emergence of entities that subvert the employment relationship entirely. Whereas post-war industrial relations scholars characterised the traditional regulatory model as a ‘web of rules’, we argue that nascent institutional experimentation is indicative of an emergent ‘patchwork of rules’. The identification of such experimentation is instructive for scholars, policymakers, workers’ representatives and employers seeking solutions to the contraction of the traditional regulatory model.

Australia's agricultural industry has become highly dependent on young low-cost, overseas “working holiday” visa workers known as “backpackers”, who are notoriously subject to exploitative workplace practices. This study aimed to explore backpackers' experiences in terms of how job demands, job resources and personal resources influence their appraisals of working in agriculture.

In-depth semi-structured interviews were used to explore the work experiences of N = 21 backpackers employed under the Australian Working Holiday visa (subclass 417). Data were analyzed by thematic analysis and organized in terms of job demands and resources.

This study revealed job demands commonly experienced by agricultural backpacker workers (e.g. precarity, physically strenuous work, low pay), and job resources (e.g. adequate training, feedback) and personal resources (e.g. attitude, language) that buffer the demands. The findings indicate that backpackers' appraisals of their experiences and performance decline when demands outweigh resources.

This study offers an emic perspective on the work of an understudied segment of the agricultural workforce. The findings have implications for improving work practices and policies aimed at attracting and retaining this important labor source in the future.