HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJMatter No S592/2005
STATE OF NEW SOUTH WALES PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No P66/2005
STATE OF WESTERN AUSTRALIA PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No A3/2006
STATE OF SOUTH AUSTRALIA PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No B5/2006
STATE OF QUEENSLAND PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No B6/2006
AUSTRALIAN WORKERS' UNION & ANOR PLAINTIFFS
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No S50/2006
UNIONS NSW & ORS PLAINTIFFS
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Matter No M21/2006
STATE OF VICTORIA PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
New South Wales v Commonwealth of Australia
Western Australia v Commonwealth of Australia
South Australia v Commonwealth of Australia
Queensland v Commonwealth of Australia
Australian Workers' Union v Commonwealth of Australia
Unions NSW v Commonwealth of Australia
Victoria v Commonwealth of Australia
[2006] HCA 52
14 November2006
S592/2005, P66/2005, A3/2006, B5/2006, B6/2006, S50/2006 & M21/2006ORDER
In each matter:
1.The defendant's demurrer to the statement of claim is allowed.
2.Judgment for the defendant with costs.
Representation
M G Sexton SC, Solicitor-General for the State of New South Wales and B W Walker SC with J K Kirk and I Taylor for the plaintiff in Matter No S592/2005 (instructed by Crown Solicitor for New South Wales)
R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell and D J Matthews for the plaintiff in Matter No P66/2005 (instructed by State Solicitor for Western Australia)
C J Kourakis QC, Solicitor-General for the State of South Australia with G J Parker and S A McDonald for the plaintiff in Matter No A3/2006 (instructed by Crown Solicitor for South Australia)
W Sofronoff QC, Solicitor-General of the State of Queensland with G C Martin SC, R W Campbell, S E Brown and J M Horton for the plaintiff in Matter No B5/2006 (instructed by Crown Solicitor for the State of Queensland)
D F Jackson QC with A K Herbert and N J Owens for the plaintiffs in Matter No B6/2006 (instructed by Sciacca's Lawyers and Consultants)
N C Hutley SC with N Perram and B L Jones for the plaintiffs in Matter No S50/2006 (instructed by Jones Staff & Co)
P M Tate SC, Solicitor-General for the State of Victoria with M Bromberg SC, G R Kennett, M K Moshinsky, S J Moore and D I Star for the plaintiff in Matter No M21/2006 (instructed by Victorian Government Solicitor)
D M J Bennett QC, Solicitor-General of the Commonwealth and R R S Tracey QC and H C Burmester QC with J L Bourke, S B Lloyd and S P Donaghue for the defendant in all matters (instructed by Australian Government Solicitor)
Interveners
W C R Bale QC, Solicitor-General of the State of Tasmania with S K Kay intervening on behalf of the Attorney-General of the State of Tasmania in all matters (instructed by Solicitor-General of Tasmania)
T I Pauling QC, Solicitor-General for the Northern Territory…
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- Case
- [2006] HCA 52
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the Commonwealth Parliament possessed the power to regulate employment relationships under section 51(xx) of the Constitution, which grants power over "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth," and whether this power was limited or confined by section 51(xxxv), which deals with conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond one State. The Court also considered the validity of specific provisions of the Amending Act in relation to other constitutional heads of power, including section 122 (Territories), and whether certain sections impermissibly encroached upon State legislative power and the capacity of States to function as governments. The Court was asked to determine if the Amending Act was a comprehensive and integrated measure, and if its substance and character were primarily related to industrial affairs, as defined by section 51(xxxv).
The Court reasoned that the *Workplace Relations Amendment (Work Choices) Act 2005* was invalid. It held that the Constitution should be construed as a whole and that the Amending Act was presented as a comprehensive and integrated measure. The Court found that the substance and character of the Act related to industrial affairs, and that the Commonwealth's power in this area was primarily derived from section 51(xxxv) of the Constitution, which concerns conciliation and arbitration for industrial disputes. The Court concluded that the corporations power under section 51(xx) did not extend to the regulation of industrial relations in the manner attempted by the Amending Act, and that any apparent power under section 51(xx) must be subject to the implied restriction imposed by section 51(xxxv). Furthermore, the Court found that the Amending Act trespassed upon essential functions of the States and would constitute an unacceptable distortion of the federal balance.
The Court allowed the defendant's demurrer to the statement of claim and entered judgment for the defendant with costs.
Orders
Orders of the court
1. The defendant's demurrer to the statement of claim is allowed.
2. Judgment for the defendant with costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GLEESON CJ, GUMMOW, HAYNE, HEYDON AND CRENNAN JJ
Full text does not contain this section.