Australian Industrial Relations Commission

Industrial tribunals have been established by the Commonwealth and all State governments except for Victoria to deal with industrial relations matters. The Commonwealth Parliament power to make laws is in accordance with the heads of power provided in the Australian Constitution. In the main the Commonwealth’s power to regulate matters pertaining to industrial relations matters is contained in Section 51 of the Constitution. Sections 122 and 52 also provide heads of power with regard to territories and the government’s own employees, respectively.

Industrial Relations Power – Section 51 (xxxv) of the Constitution empowers the Commonwealth Parliament to make laws with respect to ‘conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State’. This section of the Constitution does not in itself permit the government to legislate to directly control wages and working conditions. This head of power does however provide for the establishment of courts and tribunals to regulate industrial relations at the Federal level.

Referral By States Power – Section 51(xxxvii) of the Constitution empowers the Commonwealth to make laws with respect to “Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law”. The Victorian Parliament has referred certain industrial relations matters to the Commonwealth by the Commonwealth Powers (Industrial Relations) Act 1996 (Vic.)(‘the Victorian Referral Act’).

Category: Law
Source: Adapted from: Australian Industrial Relations Commission website
  http://www.airc.gov.au/research/media/media.html
Word count: 250 words

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