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Forum
Started Dec 01 2012, 04:27
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Dec 01 2012, 04:27
labour relations or the employment relationship. The limitations which have been placed on the Commonwealth’s ability to legislate have resulted in considerable complexity in the Federal labour law system. Attempts by the Parliament to circumvent these limitations have lead to political and legal difficulties. The regulation of labour relations in Australia is further complicated by the necessity for the Federal system to function alongside comprehensive State-based legislative schemes.
Under section 51(35) of the Commonwealth Constitution, the Federal government has the power to make laws with respect to “The Commonwealth Government does not have a plenary power to make laws with respect to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State”. In addition, the Commonwealth has chosen to regulate labour-related matters using legislative powers concerning the federal public service, “constitutional corporations”, interstate and international trade and commerce, and external affairs. As Federal laws in all of these areas will override inconsistent State laws, the Commonwealth in practice has utilised these powers to assume a substantial regulatory responsibility for most of the labour law system. Outside the areas outlined in the Constitution, the States have generally retained responsibility for the regulation of labour-related matters including occupational health and safety, job security and wage rates.
ID#43405
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