New South Wales V Commonwealth (2006) - Background To The Case

Background To The Case

From at least 1904 through to the last decade of the 20th Century, the constitutional basis of most Australian federal industrial relations legislation was the conciliation and arbitration power. In general, the Federal Parliament would exercise this power to establish an independent tribunal to set minimum terms and conditions of employment by the compulsory conciliation and arbitration of interstate industrial disputes.

Another important historical fact of note is that for much of the 20th Century, the States and Territories had their own workplace relations legislation setting terms and conditions for employees not affected by the arbitration of interstate industrial disputes.