Australian States to launch high court battle against IR reforms
Thursday, December 22, 2005
After months of threats from the states to take the Australia to the over its Work Choices Act, New South Wales has formally lodged a writ with the High Court. Other states have indicated that they will follow the New South Wales government's lead.government of
The 30-page Statement of Claim lodged by NSW Industrial Relations Minister John Della Bosca and Solicitor-General Michael Sexton claims that the Work Choices Act is unconstitutional as the act extends the commonwealth's powers beyond what thehas given them. The government has argued that they have such powers under the corporations provision of the constitution. Mr Della Bosca argues that the corporations provision is there to protect individuals from corporations.
Mr Sexton said "The heart of the Commonwealth legislation is its reliance on the corporations power, and the question is whether that is valid in these circumstances. In other words, whether it's possible to legislate in effect about industrial relations simply because the employer is a trading or financial corporation".
The Howard government's plan effectively collapses the state's industrial relations systems, which differ greatly from the new system.
|Wikinews Australia has in-depth coverage of this issue: Australian industrial relations legislation, 2005|
- "Work Choices Fair Pay Chief heavily criticised" — Wikinews, November 15, 2005
- "Hundreds of thousands rally in Australia against IR legislation" — Wikinews, November 15, 2005
- "New Australian industrial relations legislation passes House of Representatives" — Wikinews, November 11, 2005
- "Suspicions of nepotism arise from pulping of new Australian industrial relations information booklets" — Wikinews, November 8, 2005
- "Australian Government to introduce IR reforms next week" — Wikinews, October 24, 2005
- "States begin High Court IR challenge" — , December 21, 2005
- Jean Kennedy. "States vow to follow NSW IR challenge" — , December 21, 2005