IR Law Reforms High Court Challenge Latest Update
 

Govt 'seeks IR powers through courts'
Wednesday May 10 19:05 AEST
A High Court judge says the federal government is asking the court to give it power to intervene in state industrial relations because previous governments have failed to get it in four referendums.

The government is continuing its defence of its WorkChoices laws, which came into effect on March 27, and which are under High Court challenge by unions and the states.

The central issue is whether the commonwealth has the right to use the corporations power in the Constitution to make laws to intervene in the states' industrial relations.

Justice Ian Callinan said that the Commonwealth was seeking to get the High Court to give it power over the state's industrial relations because there had been four unsuccessful referendums on the subject since federation.




"What you're really saying is it's very hard to get it changed so you want the court to do it," Justice Ian Callinan said.

But counsel for the federal government, Commonwealth Solicitor-General David Bennett QC, said the High Court could not take into account the fact that four referendums on the question of giving the Commonwealth power over state industrial relations had failed.

"The fact that the electorate at a particular time had a majority to get that result does not say anything to this court about what to do," he said.

Mr Bennett also said the federal government taking more power from the states was the local effect of globalisation.

"That is part of ... a local aspect of globalisation," he told the court.

But Justice Michael Kirby said power was divided between the Commonwealth and the states at federation in order to provide checks and balances.

"They divide power for that very important protection of liberty," he said.

The New South Wales, West Australian, South Australian, Queensland and Victorian governments, as well as Unions NSW and the Australian Workers Union have all challenged the WorkChoices laws in the High Court.

The Tasmanian, Australian Capital Territory and Northern Territory governments have made contributions to the case.

The hearing continues on Thursday.

Courtesy: http://news.ninemsn.com.au/article.aspx?id=93222