State Industrial Relations Powers

Referral of State Industrial Relations Powers to the Federal Government

On 9 December 2009, the Fair Work Amendment (State Referrals and Other Measures) Act 2009 received Royal Assent.  The Act has the effect of referring Industrial Relations powers of the States (other than Western Australia) to the Federal Government to create a national workplace relations system for the private sector. 

The Constitutional basis for the Fair Work Act derives from the corporations’ power of the Australian Constitution and the Fair Work Act applies only to corporations.  This left open non corporate employers such as partnerships and sole traders.  Now these employers are subject to the Fair Work Act. 

Employers should take immediate steps to consider the effect of the provisions of the Fair Work Act on their business and workforce.

If you have any queries in relation to this please contact David Beale email: dbeale@rbhm.com.au