Thursday, December 22, 2005

After months of threats from the states to take the federal government of Australia to the High Court of Australia over its Work Choices Act, New South Wales has formally lodged a writ with the High Court. Other states have indicated that they will follow the New South Wales government’s lead.

The 30-page Statement of Claim lodged by NSW Industrial Relations Minister John Della Bosca and Solicitor-General Michael Sexton claims that the Work Choices Act is unconstitutional as the act extends the commonwealth’s powers beyond what the constitution has given them. The Howard government has argued that they have such powers under the corporations provision of the constitution. Mr Della Bosca argues that the corporations provision is there to protect individuals from corporations.

Mr Sexton said “The heart of the Commonwealth legislation is its reliance on the corporations power, and the question is whether that is valid in these circumstances. In other words, whether it’s possible to legislate in effect about industrial relations simply because the employer is a trading or financial corporation”.

The Howard government’s plan effectively collapses the state’s industrial relations systems, which differ greatly from the new system.