Australian labour law
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The constitutional foundation for the facilitation of federal Australian labour law, through the action of the Australian Industrial Relations Commission is section 51, placitum 35 of the Australian Constitution. This section [link] provides the Federal Parliament has the power to make laws "subject to this Constituion" "with respect to" "Concilliation and arbitration for the settlement and prevention of industrial disputes extending beyond the limit of any one state." In the case of disputes involving a company in a single state either, a union or industrial organisation will rope them into a federal award by arguing that they are part of an industry in which a dispute extending beyond the limits of any one state exist. (this can be done by finding another company which did similar work and serving them with a log of claims concurrently or by virtue of a companies membership of a peak industry body.) Alternatively, if the company was not covered by a federal Award it would be covered by the various States' industrial relations systems, and disputes are conciliated or arbitrated by the state industrial relations commissions which would create an industry rule Award.
Currently the Australian federal government is exploring the option of overtaking the state industrial relations systems through use of the corporations power contained in s51 placitum 20 [link]. This power allows the federal parliament to make laws with respect to "trading and financial corporations formed within the limits of the Commonwealth", as well as 'foreign' corporations. The Liberal Government of John Howard has announced plans (as of May 2005) to use this power to override State systems and unify the industrial relations system under the Federal umbrella, while at the same time reducing the amount of reach that independent, constitutionally convened facilitative systems such as the Australian Industrial Relations Commission have in industrial affairs.
The new system, known as WorkChoices, came into operation in 2006. The constitutional validity of the reforms is currently being challenged in the High Court of Australia.
See also
- Australian Industrial Relations Commission
- Australian Council of Trade Unions
- Australian Industrial Relations Law Reform 2005
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