The Corporatisation of Australian Labour Law: Completing Howard's Unfinished Business

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Abstract

The 2005 Work Choices Amendments to the Workplace Relations Act are largely based on s 51(xx) of the Constitution. Their validity therefore turns upon whether they can be characterised as laws with respect to that particular power. The scope of the corporations power has been much debated in recent years. If the High Court interprets it as either a ‘plenary’ power, or as supporting laws that regulate the activities, functions and relationships of constitutional corporations undertaken for business purposes, the amendments are likely to be constitutionally valid.
Original languageEnglish
Pages (from-to)144-160
JournalAustralian Journal of Labour Law
Volume19
Issue number2
Publication statusPublished - 2006

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