Convergence of Labor Law in the Anglo-American Countries

Abstract

Historically, three distinct industrial relations models existed across the Anglo-American countries: the Wagner Act framework in the United States and Canada, a voluntarist model in Britain and Ireland, and a centralized Award-based arbitration system in Australia and New Zealand. During the past thirty years there has been considerable convergence towards an Anglo-American model as the voluntarist and award systems have transformed. This common framework is premised on a private ordering of labor rights designed to enhance managerial flexibility. At the same time, this model is underpinned by ‘minimum standard’ employment rights. Nevertheless, important variation continues, with the United States and Ireland remaining outliers, if for different reasons.