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THE WORK CHOICES CASE:
A shift in federal balance?
A need to confine the corporations power?


I INTRODUCTION

The submissions of the Australian Federal Government that the Workplace Relations Act 1996, amended by the Workplace Relations Amendment (Work Choices) Act 2005 was constitutionally valid prevailed with a majority of 5:2 by the High Court of Australia.1 This High Court decision inaugurated a shift of legislative power from the States to the Commonwealth.2 Since officially coming into effect as of 27 March 2006, the Work Choices Act has been the most comprehensive reformation in Australia in nearly a century, constantly sparking matters of controversy. 3

In the vision of Sir Samuel Griffith, principal author of the Australian Constitution, the notion of a federal balance is known as ‘coordinate federalism’. 4 This means that the Commonwealth and the States are not subordinate to each other, with the design of allowing both governing authorities to execute......

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Approximate Word Count: 3508
Approximate Pages: 15 (250 words per double-spaced page)

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