HIGH COURT DECISION

 

The High Court has dismissed the States' and unions' challenge to the constitutional validity of WorkChoices, upholding the legislation in its entirety by a 5 to 2 majority.

The New South Wales, Victorian, Queensland, South Australian and Western Australia Governments launched action in January 2006 challenging the validity of the WorkChoices amendments, along with two trade union organisations. The Attorneys-General of Tasmania, the Northern Territory and the Australian Capital Territory intervened in support of the States.

The WorkChoices amendments introduced by the Howard Government rely on the corporations power in the Australian Constitution. The State Governments argued that the Federal Government should not be able to use the corporations power to legislate so broadly and thus the WorkChoices amendments were invalid. In its joint judgment, the majority of the High Court rejected the challenges by the States and unions to both the central features of the legislation and to particular parts of the WorkChoices amendments. 

As a result of this decision, the WorkChoices amendments to the Workplace Relations Act 1996, which came into effect 27 March 2006, remain unchanged and in force. 

For a detailed analysis of the decision see the November issue of the Employers Adviser™.

If you require assistance in understanding the new legislation and the opportunities WorkChoices presents for your business contact our Employers Hotline™ on (02) 9264200

 

Contact the Employers Hotline™ on (02) 9264 2000 if you need to know more.