Australian Constitution

2006

New South Wales v Commonwealth

High Court of Australia(2006) 229 CLR 1

Key Principle

Broadly interpreted the corporations power (s 51(xx)) to uphold the Work Choices industrial relations legislation, overturning the narrow reading from Huddart Parker

The High Court upheld the validity of the Workplace Relations Amendment (Work Choices) Act 2005, finding that the corporations power under s 51(xx) authorised the Commonwealth to regulate the employment conditions of constitutional corporations. The 5-2 decision dramatically expanded the scope of the corporations power, effectively allowing the Commonwealth to create a national industrial relations system without relying on the conciliation and arbitration power.

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