Industrial Relations, the Constitution and Federalism: Facing the Avalanche
Craven, Greg. (2006). Industrial Relations, the Constitution and Federalism: Facing the Avalanche. University of New South Wales Law Journal. 29(1), pp. 203 - 214.
Contrary to popular opinion, the primary significance of the Howard government's industrial relations legislation(FN1) in the long-term relates not to issues of workplace regulation but to matters of basic constitutional principle. This is because the industrial character of that legislation merely overlays a marked constitutional controversy with profound federal implications. The essence of this controversy lies in the dramatic attempted use by the Howard Government of the Commonwealth's power over trading and other corporations(FN2) as the basis for its industrial relations legislation. This use, if successful, would represent a prodigious expansion of the corporations power, which in turn would have a significant effect upon Australia's delicate federal balance.
|Keywords||Labor laws; Federal government; Legislative power; Corporation law; Australia|
|Journal||University of New South Wales Law Journal|
|Journal citation||29 (1), pp. 203 - 214|
|Publisher||Faculty of Law, University of New South Wales|
|Page range||203 - 214|
File Access Level
|Place of publication||Australia|
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