Brothels as Workplaces: Exploring Labour Regulation and Compliance in Australia's Legal Sex Industry

Abstract

Brothels have been legal in much of Australia for the past several decades, but have received limited attention in labour law scholarship. Further, while there continues to be considerable debate surrounding the regulation of commercial sex, public policy discussion seldom considers how brothels function as workplaces, or the rights of brothel-based sex workers as workers. Instead, emphasis is placed on other regulatory imperatives relating to public health, residential amenity, and concerns regarding organised crime and trafficking. This thesis situates sex work within a labour law frame. It argues that labour performed voluntarily by consenting adult sex workers is ‘work’, and that legal sex workers in Australia are rightly regarded as potential subjects of labour law. Focusing solely on the largely female group of workers who perform sexual services in exchange for payment in Australian legal brothels, this thesis examines the extent to which these workers are currently covered by labour regulation (including laws relating to workplace safety), and whether they have access to the same rights as other Australian workers. To explore the compliance of brothels with applicable labour regulation, two states with legal brothels are selected for in-depth comparison: New South Wales, which has a decriminalised sex industry, and Queensland, which imposes a brothel licensing system. This thesis draws on 30 qualitative interviews with sex workers, brothel operators, and other stakeholders with experience of workplace relations in the legal brothel sector. The interview findings are triangulated by a qualitative content analysis of 806 weblog entries describing brothel working conditions, derived from 54 weblogs written by Australian sex workers. Ultimately, this thesis concludes that while legalisation of the brothel industry has enabled sex workers to have the ‘right’ to work lawfully (without the risk of attaining a criminal record), this has not translated into legal sex workers having workplace rights. The failure on the part of Australian regulators to supervise labour law compliance in the sex industry means that the legal brothel sector is predominantly regulated by market forces, and sex workers are vulnerable to exploitation. The final part of this thesis provides recommendations for regulatory reform.