Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. In New South Wales and Others v. Commonwealth, the Court was being asked to rule on the constitutional validity of the Howard Government's "Work Choices" legislation--legislation which had shaken up the industrial relations system, produced massive street demonstrations, and ignited fierce debate about labour market reform. In a nutshell, the Work Choices reforms shifted the balance in favour of employers, giving them greater freedom in hiring and firing staff. In addition, the amendments sought to marginalise--though by no means eliminate--the role played by trade unions and industrial tribunals.

The authors show what was being argued in the Work Choices decision, why it was being argued, what was decided when the judgment was handed down on November 14, 2006, and the implications for Australia’s future. They include key passages from the majority judgment and from the dissents of Justices Kirby and Callinan.

Justice Kirby questioned whether the decision would permit "a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws." Justuce Callinan wondered whether it might reduce State Parliaments to "impotent debating societies."

Table of Contents

Preface
Abbreviations
Cases

PART ONE: BACKGROUND
CHAPTER 1: Introduction
CHAPTER 2: Australia's Federal System
CHAPTER 3: Labour Relations and the Constitution
CHAPTER 4: The Work Choices Legislation
CHAPTER 5: The Constitutional Challenge

PART TWO: THE DECISION
CHAPTER 6: Interpreting the Constitution
CHAPTER 7: The Scope of the Corporations Power
CHAPTER 8: The Relationship Between the Corporations Power and the Industrial Arbitration Power
CHAPTER 9: Excluding State Laws
CHAPTER 10: Making Law Through Regulations
CHAPTER 11: Other Issues

PART THREE: THE IMPLICATIONS
CHAPTER 12: What it Means for Labour Relations
CHAPTER 13: What it Means for the Federation

Extracts from the Australian Constitution
Select Bibliography
Index