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New South Wales v Commonwealth (also called the WorkChoices case) [1] is a landmark decision of the High Court of Australia, which held that the federal government's WorkChoices legislation [2] was a valid exercise of federal legislative power under the Constitution of Australia.
In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restrictive in the developed world, and Australia does not have a general law protecting workers ...
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government in 2005, being amendments to the Workplace Relations Act 1996 by the Workplace Relations Amendment (Work Choices) Act 2005, sometimes referred to as the Workplace Relations Amendment Act 2005, that came into effect on 27 March 2006.
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010.
Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. [1] Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the ...
The white paper Full Employment in Australia, published in 1945, was the defining document of the official economic policy in Australia until the 1970s. For the first time, the Australian government accepted an obligation to guarantee full employment and to intervene as necessary to implement that guarantee.
The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. [ 1 ] [ 2 ] Replacing the Howard government 's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission .
Melbourne University Law Review. (2000) 24 Melbourne University Law Review 839. MacCallum, R. "The Australian Constitution and the Shaping of our Federal and State Labour Laws". [permanent dead link ] "The High Court and the Meaning of 'Marriage' in Section 51(xxi) of the Constitution" (PDF). Parliamentary Library.