This article discusses the recent referrals by five of the Australian States so as to extend the coverage of the Commonwealth’s Fair Work Act 2009 (Cth) as a national industrial relations system beyond the limits imposed by the latter’s existing constitutional powers. In so doing it highlights the governance arrangements underpinning the referral and the continued opportunity for participation that the States, as well as the Territories, enjoy in this area. The extent of the specific referrals is discussed, with differences between co-operating States noted. This analysis is situated in the context of interpretation of the constitutional power with respect to referrals in s 51(xxxvii) of the Constitution more generally and lingering ambiguities as to that power.
Administrative Law | Constitutional Law | Law | Legislation
Date of this Version
Andrew Lynch, "The Fair Work Act and the Referrals Power – Keeping the States in the Game" (August 2011). University of New South Wales Faculty of Law Research Series 2011. Working Paper 28.