Major Tribunal Decisions in 2006

Abstract

The authors examine the major industrial decisions of the last 12 months, including the High Court's decision in the Work Choices Case. In doing so, the authors focus on the reasons given by the majority of the High Court in upholding the constitutional validity of the Work Choices reforms. The authors also analyse decisions of the Australian Industrial Relations Commission that have considered some of the industrial tactics used by both employers and unions in response to the Work Choices reforms. These decisions consider the meaning of the term `public interest' in context of applications to terminate pre-reform enterprise agreements and also the appropriateness of union demands for `common law side agreements' during protected bargaining periods. The authors comment that while the old province of industrial law and order has given way to a new one, new areas of contest will evolve.