The constitutional foundation for the facilitation of federal Australian labour law, through the action of the Australian Industrial Relations Commission is section 51, article 35 of the Australian Constitution. This section [1] (http://www.aph.gov.au/senate/general/constitution/par5cha1.htm) provides the Federal government with the constitutional ability to legislate for the conciliation and arbitration of disputes which extend beyond the territorial limits of any one state. In the case of disputes involving a company in a single state, these are currently covered by the various States' industrial relations systems, and disputes are conciliated or arbitrated by the state industrial relations commissions. The Australian Industrial Relations Commission (AIRC) is a tribunal established under the Workplace Relations Act 1996 (Cth). ... The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ...
Currently the Australian Federal government is exploring the option of overtaking the state industrial relations systems through agressive use of the corporations power contained in s51 article 20 [2] (http://www.aph.gov.au/senate/general/constitution/par5cha1.htm). This power allows the Government to make laws for the good governance of financial corporations formed within the limits of the Commonwealth, as well as 'foreign' corporations. The Howard Government 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 Australian Industrial Relations Commission (AIRC) is a tribunal established under the Workplace Relations Act 1996 (Cth). ...
Doing this has the potential to change the basis of Industrial Relations in Australia. While currently the constitutional root of the system is held in the notion of ordered and peaceful governance of industrial disputes, use of the corporations power effectively changes the locus of responsibility in industrial affairs to a relationship between the state and the corporations themselves. Instead of having at its centre the dispute itself, which assumes the involvement of at least two separate and opposed parties, new laws convened under s52xx would focus on the good governance of companies, without any constitutionally-based reference to the other disputing party/parties.
This change is driven by an ideology which seeks to minimalise the notion of dispute as the centre of the state's involvement in the industrial relations system, withdrawing state support and regulation from employees involved in industrial disputes in favour of legislating rules for the behaviour of corporations.
Nick was the convenor of the Australian and New Zealand university law librarians group from 1993 to 1999 and was local convenor of the IALL conference held in Melbourne in September 1999.
The Australian Commonwealth Parliament and those of the States are bicameral, with the exception of that of the State of Queensland which abolished its upper house in 1922.
The constitutional foundation for the facilitation of federal Australianlabourlaw, through the action of the Australian Industrial Relations Commission is section 51, placitum 35 of the Australian Constitution.
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 [2].
The constitutional validity of the reforms is currently being challenged in the High Court of Australia.
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