Cheryl Saunders, Simon Evans, Megan Donaldson, Colin Fenwick, Joo-Cheong Tham
Publication Date :
1 Mar 2007
First published in 2007, this in-depth reference is now available at a greatly reduced price in hard and soft cover formats. In 2006, the High Court was asked by the States to consider the validity of the Work Choices system in a high-profile constitutional challenge. The reforms of then-Howard Government made unprecedent use of the corporations power to allow the Commonwealth to regulate workplace relations. The ultimate finding of constitutional validity in New South Wales v Commonwealth  HCA 52 meant that the path was clear for subsequent governments to exercise a wider ambit of control over workplace relations than had previously been appreciated. The Labor Government's Fair Work system today does precisely that, and to understand the shift this represented in both constitutional law and industrial law requires scrutiny of the High Court's findings. Work Choices: The High Court Challenge is a valuable reference that enables such understanding. It brings together the case and analysis of the decision by experts in both disciplines from the University of Melbourne's Law School. The constitutional implications are addressed by Professor Cheryl Saunders AO, Dr Simon Evans and Megan Donaldson from the Centre for Comparative Constitutional Studies while the industrial relations impact is considered by Colin Fenwick and Joo-Cheong Tham from the Centre for Employment and Labour Relations Law. Their collective efforts recognise the importance of this case. Also included in the volume are a headnote, prepared by Ingmar Taylor, and summary of counsels' argument, prepared by Chris Horan. The summary, a feature normally only found in the Commonwealth Law Reports, provides insight into the specific points placed before the High Court for their consideration. For ease of reference, the summary of counsels' arguments, case and commentary are all covered by a single index. This volume is a very useful resource for practitioners and students of industrial relations and constitutional law. This title is available in a softcover and hardcover edition.