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Australian States to launch high court battle against IR reforms

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Thursday, December 22, 2005

High Court entrance

After months of threats from the states to take the federal government of Australia to the High Court of Australia 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.

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 the constitution has given them. The Howard 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.

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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.

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Wikinews Australia has in-depth coverage of this issue: Australian industrial relations legislation, 2005

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This page is archived, and is no longer publicly editable.
Articles presented on Wikinews reflect the specific time at which they were written and published, and do not attempt to encompass events or knowledge which occur or become known after their publication.

Got a correction? Add the template {{editprotected}} to the talk page along with your corrections, and it will be brought to the attention of the administrators.

Please note that due to our archival policy, we will not alter or update the content of articles that are archived, but will only accept requests to make grammatical and formatting corrections.

Note that some listed sources or external links may no longer be available online due to age.

The text of this article is licensed under the terms of the Creative Commons Attribution 2.5 License
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