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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 contributionposted on 06.12.2017, 00:00 by Scott 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.