Australian States to launch high court battle against IR reforms
{{date|December 22, 2005}} 
[[Image:High Court Australia-03JAC.jpg|thumb|300px|left|High Court entrance]]
After months of threats from the states to take the {{w|Government of Australia|federal}} government of [[Australia]] to the {{w|High Court of Australia}} over its Work Choices Act, [[New South Wales]] has formally lodged a writ with the High Court. Other states have indicated that they will follow the New South Wales government's lead.

The 30-page Statement of Claim lodged by NSW Industrial Relations Minister John Della Bosca and Solicitor-General Michael Sexton claims that the Work Choices Act is unconstitutional as the act extends the commonwealth's powers beyond what the {{w|Constitution of Australia|constitution}} has given them. The {{w|John Howard|Howard}} government has argued that they have such powers under the corporations provision of the constitution. Mr Della Bosca argues that the corporations provision is there to protect individuals from corporations.
{{wikipediapar|WorkChoices|Australian industrial relations legislation}}
Mr Sexton said "The heart of the Commonwealth legislation is its reliance on the corporations power, and the question is whether that is valid in these circumstances. In other words, whether it's possible to legislate in effect about industrial relations simply because the employer is a trading or financial corporation".

The Howard government's plan effectively collapses the state's industrial relations systems, which differ greatly from the new system.

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==Related news==
{{aussieissue|Australian industrial relations legislation, 2005}}
*{{wikinews|title=Work Choices Fair Pay Chief heavily criticised|date=November 15, 2005 }}
*{{wikinews|title=Hundreds of thousands rally in Australia against IR legislation|date=November 15, 2005 }}
*{{wikinews|title=New Australian industrial relations legislation passes House of Representatives|date=November 11, 2005}}
*{{wikinews|title=Suspicions of nepotism arise from pulping of new Australian industrial relations information booklets|date=November 8, 2005}}
*{{wikinews|title=Australian Government to introduce IR reforms next week|date=October 24, 2005 }}

== Sources ==
*{{source|url=http://www.theage.com.au/news/National/States-begin-High-Court-IR-challenge/2005/12/21/1135032062183.html
|title=States begin High Court IR challenge
|author=
|pub=The Age
|date=December 21, 2005}}

*{{source|url=http://www.abc.net.au/pm/content/2005/s1536035.htm
|title=States vow to follow NSW IR challenge
|author=Jean Kennedy
|pub=Australian Broadcasting Corporation
|date=December 21, 2005}}

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[[Category:Politics and conflicts]]
[[Category:New South Wales]]
[[Category:Australia]]
[[Category:Oceania]]
[[Category:WorkChoices]]
[[Category:Constitution of Australia]]
High Court entrance
After months of threats from the states to take the federal government of Australia to the  over its Work Choices Act, New South Wales has formally lodged a writ with the High Court. Other states have indicated that they will follow the New South Wales government's lead.

The 30-page Statement of Claim lodged by NSW Industrial Relations Minister John Della Bosca and Solicitor-General Michael Sexton claims that the Work Choices Act is unconstitutional as the act extends the commonwealth's powers beyond what the constitution has given them. The Howard government has argued that they have such powers under the corporations provision of the constitution. Mr Della Bosca argues that the corporations provision is there to protect individuals from corporations.

Mr Sexton said "The heart of the Commonwealth legislation is its reliance on the corporations power, and the question is whether that is valid in these circumstances. In other words, whether it's possible to legislate in effect about industrial relations simply because the employer is a trading or financial corporation".

The Howard government's plan effectively collapses the state's industrial relations systems, which differ greatly from the new system.

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Politics and conflicts New South Wales Australia Oceania WorkChoices Constitution of Australia