Precedent and policy: Australian industrial relations reform in the 21st century using the corporations power

Abstract

This article will discuss the topical issue of whether the Commonwealth, in Australia's federal system of government, can rely on its so-called 'corporations power' in order to pass planned industrial relations laws. The Federal Government has recently indicated its plans to introduce a national system of industrial relations regulation in Australia. While the detail of the proposed legislation is not currently to hand, the planned changes raise a controversial issue whether the Australian Government would permit such regulation. This article considers the corporations power as justification for the proposed laws.