Macrossans Lawyers Brisbane law firm

Macrossans Lawyers - Autumn 2006

In early May, State and Territory Governments and some unions organisations commenced proceedings in the High Court, challenging the Federal Governments' recent WorkChoices legislation.

The laws aim to create a national industrial system that overrides those in the States. 

The States argue these laws are invalid because under the corporations power of the Constitution, the Commonwealth does not have the power to take control of workplace laws.  Their lawyers have submitted that corporations power is meant to regulate external issues involving shareholders and investors and that it has been wrongly applied to internal workers.

On the first day of proceedings, Justice Michael Kirby said the laws could be valid because the Commonwealth has used the provision previously to regulate industrial relations in 1993 and in 1996 – neither of which were challenged.

A decision is expected in the second half of 2006.

For further information, please contact Andrew Knott on (07) 3292 9760 or at This Email address is being protected from spam bots, you need JavaScript enabled to view it