Abstract

http://ssrn.com/abstract=887580
 
 

Footnotes (70)



 


 



Plunder Downunder: Transplanting the Anglo-American Labor Law Model to Australia


Ronald McCallum


University of Sydney - Faculty of Law


Sydney Law School Research Paper No. 06/48
Comparative Labor Law & Policy Journal, Vol. 26, No. 3, pp. 381-400, Spring 2005

Abstract:     
This article examines how the federal Constitutions of Australia, the United States, and Canada and judicial interpretation of those Constitutions have shaped national labor law policy in each of those countries. In particular, the extent to which the distribution of federal and State/provincial legislative powers has enabled federal governments to deregulate labor laws is analyzed. In the United States, judicial interpretation of the interstate commerce clause and the pre-emption doctrine played a significant role in giving the federal government control of labor law policy. The federal collective bargaining laws, which have not been significantly amended since 1959, have enabled the emergence of a deregulated labor law model in the United States. The United States' experience is contrasted with the Canadian federal Parliament's limited control over labor relations and the difficulties it would face in deregulating Canadian labor law. In Australia, the Howard federal government has embarked on a bold experiment to use its legislative powers over corporations to create a new deregulated, national labor law regime that would see the role of the Australian states in regulating labor relations diminish. If the High Court upholds this new approach, then the Australian corporations power could play a similar role that the interstate commerce clause played in giving the United States a national collective bargaining regime.

Number of Pages in PDF File: 21

Accepted Paper Series





Download This Paper

Date posted: March 6, 2006  

Suggested Citation

McCallum, Ronald, Plunder Downunder: Transplanting the Anglo-American Labor Law Model to Australia. Sydney Law School Research Paper No. 06/48; Comparative Labor Law & Policy Journal, Vol. 26, No. 3, pp. 381-400, Spring 2005 . Available at SSRN: http://ssrn.com/abstract=887580

Contact Information

Ronald McCallum (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0218 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 783
Downloads: 84
Download Rank: 182,518
Footnotes:  70

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds