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The Constitution and Workplace Relations Act 1996

Published online by Cambridge University Press:  01 January 2023

John M. Williams
John M. Williams*
Affiliation:
School of Law, University of Adelaide
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Abstract

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The Howard Government’s industrial relations reforms represent a significant step towards a uniform system of workplace regulations. To achieve this, the Commonwealth Parliament has expressly attempted to place much of the new regime within the scope of the Commonwealth's corporations power. This article will trace the High Court’s development of the jurisprudence related to that power and argue that the central tenets of the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) accords with the contemporary direction of the power.

Type
Work Choices: A Critical Analysis
Information
The Economic and Labour Relations Review , Volume 16 , Issue 2: Work Choices: A Critical Analysis , May 2006 , pp. 61 - 84
Copyright
Copyright © The Author(s) 2006

Footnotes

*

I would like to thank Rachael Gray, Clement Macintyre and Wendy Riemens for their comments, suggestions and support. I would also like to thank Braham Dabscheck for his interest in the progress of one of his former students.

References

Andrew, K (2005) Workplace Relations Amendment (Work Choices) Bill 2005, Second Reading Speech.Google Scholar
Australian Government (2005) Work Choices: A New Workplace Relations System, Canberra.Google Scholar
Castles, A.C. ‘Clark, Kingston and the Draft of 1891’ In Ely, R. (Ed), A Living Force: Andrew Inglis Clark and the Ideal of the Commonwealth, Centre for Tasmanian Historical Studies, Hobart, pp. 261–285.Google Scholar
Commonwealth Parliament of Australia, 22 October 1986, Hansard, p. 2490 Google Scholar
Commonwealth of Australia (1929) Report of the Royal Commission on the Constitution, Commonwealth Printer, Canberra.Google Scholar
Craven, G. , (1990) ‘Original Intent and the Australian Constitution — Coming Soon to a Court Near You’, Public Law Review, 1: 166–185.Google Scholar
Craven, G , (2003) ‘Heresy as Orthodoxy: Were the Founders Progressivists?’ Federal Law Review, 31 (1): 87–129.CrossRefGoogle Scholar
Creighton, W.B., Ford, W.J. and Mitchell, R.J. (1983) Labour Law: Materials and Commentary Law, Book Co, Sydney.Google Scholar
Creighton, B. and Stewart, A. (2005) A Labour Law, Federation Press, Annandale, Sydney.Google Scholar
Goldsworthy, J. (2000) ‘Interpreting the Constitution in its Second Century’, Melbourne University Law Review, 24 (3): 677–710.Google Scholar
Goldsworthy, J. (1997) ‘Originalism in Constitutional Interpretation,’ Journal? 25 (1): 1–50.Google Scholar
Gray, A. (2005) ‘Precedent and Policy: Australian Industrial Relations Reform in the 21st Century Using the Corporations Power’, Deakin Law Review, 10 (2): 440–59.Google Scholar
Hirst, J (2000), The Sentimental Nation: The Making of the Australian Commonwealth Google Scholar
Irving, H. (1997) To Constitute a Nation: A Cultural History of Australia's Constitution, Cambridge University Press, Cambridge, U.K. Google Scholar
Kirby, M. (2000) ‘Constitutional Interpretation and Original Intent: A Form of Ancestor Worship?’, Melbourne University Law Review, 24: 1–14.Google Scholar
Nauze, J. A. (1971) The Making of the Australian Constitution, Melbourne University Press, Carlton, Vic. Google Scholar
Lindell, G. (1984) ‘The Corporations and Races Powers’, Federal Law Review, 14 (3): 217–252.Google Scholar
McCallum, R.C. and Pittard, M.J. (1995) Australian Labour Law: Cases and Materials, Butterworths, Sydney.Google Scholar
MaCallum, R (2005) ‘The Australian Constitution and the Shaping of our Federal and State Labour Laws’, Deakin Law Review, 10 (2): 460–69.CrossRefGoogle Scholar
Neasey, F. M. (1969) ‘Andrew Inglis Clark Senior and Australian Federation’ Australian Journal of Politics and History, 15: 1–24.CrossRefGoogle Scholar
Official Record of the Debates of the Australasian Federal Convention, 1891, George Stephen Chapman, Sydney.Google Scholar
Official Record of the National Australasian Convention Debates, 1897, C. F. Bristow, Adelaide.Google Scholar
Owen, R. ‘The Constitution and the Law of Work in the New Economy: The Workplace Relations Amendment (Work Choices) Bill 2005 (Cth)’, Paper presented to the Public Law Weekend, ANU, 12 November 2005.Google Scholar
Prince, P. and John, T. (2005) ‘The Constitution and Industrial Relations: Is a Unitary System Achievable?’, Research Brief, Parliamentary Library: 1–77.Google Scholar
Quick, J and Garran, R.R. (1901) The Annotated Constitution of the Australian Commonwealth, Angus & Robertson, Sydney.Google Scholar
Reynolds, J (1958) ‘A. I. Clark's American Sympathies and His Influence on Australian Federation’, Australian Law Journal, 32: 62–75.Google Scholar
Rose, D. (1984) ‘Commentary’, Federal Law Review, 14 (3): 251–7.Google Scholar
Stewart, A. (2001) ‘Federal Labour Law and New Uses for the Corporations Power’, Australian Journal of Labour Law, 14: 1–24.Google Scholar
Whitlam, E. G. (1964), Labor and the Constitution, Victorian Fabian Society Pamphlet 11.Google Scholar
Williams, G. (1998) Labour law and the Constitution, Federation Press, Leichhardt.Google Scholar
Williams, G (2005) ‘The Constitution and a National Industrial Relations Regime’, Deakin Law Review, 10 (2): 498–510.CrossRefGoogle Scholar
Williams, J.M. (2005) The Australian Constitution: A Documentary History, Melbourne University Publishing, Melbourne.Google Scholar