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.
|Journal||Australian Journal of Labour Law|
|Publication status||Published - 2006|