Major Tribunal Decisions in 2006

Abstract

The authors examine the major industrial decisions of the last 12 months, including the High Court's decision in the Work Choices Case. In doing so, the authors focus on the reasons given by the majority of the High Court in upholding the constitutional validity of the Work Choices reforms. The authors also analyse decisions of the Australian Industrial Relations Commission that have considered some of the industrial tactics used by both employers and unions in response to the Work Choices reforms. These decisions consider the meaning of the term 'public interest' in context of applications to terminate prereform enterprise agreements and also the appropriateness of union demands for 'common law side agreements' during protected bargaining periods. The authors comment that while the old province of industrial law and order has given way to a new one, new areas of contest will evolve.

Tracking Pay Equity: The Impact of Regulatory Change on the Dissemination and Sustainability of Equal Remuneration Decisions

“…Due to constitutional restrictions on the federal government’s power over industrial relations, the Act relied on the ‘corporations power’ in the constitution, which enables the federal government to introduce legislation covering corporations. Employees were thus only covered by Work Choices if they worked in a ‘constitutional corporation’, with those in sole trader organizations or partnerships, as well as those employed in the states’ public services, falling outside the scope of the legislation (Catanzariti and Shariff, 2007: 364).…”