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The corporations power and federal industrial relations regulation : the prospects of a successful High Court challenge to the Workplace Relations Work Choices Amendment Act 2005 (Cth)

journal contribution
posted on 06.12.2017, 00:00 by Scott GuyScott Guy, B Hocking
In December 2005 the Howard Government enacted the Workplace Relations Work Choices Amendment Act. This federal enactment has sought to implement a national or unitary industrial relations framework whereby employees falling under State legislative arrangements will now be governed by (and transferred to) federally imposed industrial awards and standards. What is particularly distinctive, however, with respect to the Work Choices Act is that it purports to derive its constitutionality or constitutional validity from the corporations power - found in s 51 (xx) of the Constitution - and not the conciliation and arbitration power which is traditionally perceived to be the constitutional basis for industrial relations legislation.

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

24

Issue

1

Start Page

1

End Page

46

Number of Pages

46

ISSN

0082-2108

Location

Australia

Publisher

University of Tasmania Faculty of Law

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Queensland University of Technology; University of Queensland;

Era Eligible

Yes

Journal

University of Tasmania law review.

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