Re Australian Education Union
Encyclopedia
Re Australian Education Union (1995) 184 CLR
188 is a High Court of Australia
case that discusses intergovernmental immunities in relation to the Australian Constitution
.
Under a Commonwealth law, the Australian Industrial Relations Commission
can refrain from hearing a dispute if it thought it could be handled in a State body. However, Victoria
abolished their State-based systems, and argued that the law was thus discriminatory. Furthermore, there was the issue of whether Commonwealth orders that applied to State employees would prevent the State from exercising their essential functions.
In a joint judgment, the Court accepted the principles of discrimination and structural integrity as laid down in Melbourne Corporation v Commonwealth
. In this case, no discrimination was found, but the court found that the law affected the structural integrity of the State.
As for discrimination, there were two issues to consider. Firstly, even though the purpose of the law was to discriminate against Victoria, that is not a factor to consider. Secondly, in its practical effect, it could apply to any State, as well as to any industrial employees.
As for the structural integrity argument, it is required that the law directs attention to aspects of a State's functions that are "critical to its capacity to function". Being able to determine minimum wages and working conditions of its employees, especially those in the higher levels of government, is critical to a State's capacity to function.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
188 is a High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
case that discusses intergovernmental immunities in relation to the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
.
Under a Commonwealth law, the Australian Industrial Relations Commission
Australian Industrial Relations Commission
The Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
can refrain from hearing a dispute if it thought it could be handled in a State body. However, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
abolished their State-based systems, and argued that the law was thus discriminatory. Furthermore, there was the issue of whether Commonwealth orders that applied to State employees would prevent the State from exercising their essential functions.
In a joint judgment, the Court accepted the principles of discrimination and structural integrity as laid down in Melbourne Corporation v Commonwealth
Melbourne Corporation v Commonwealth
Melbourne Corporation v Commonwealth 74 CLR 31; [1947] HCA 26 , also known as the Melbourne Corporation case or the State banking case, is an important case in Australian constitutional law...
. In this case, no discrimination was found, but the court found that the law affected the structural integrity of the State.
As for discrimination, there were two issues to consider. Firstly, even though the purpose of the law was to discriminate against Victoria, that is not a factor to consider. Secondly, in its practical effect, it could apply to any State, as well as to any industrial employees.
As for the structural integrity argument, it is required that the law directs attention to aspects of a State's functions that are "critical to its capacity to function". Being able to determine minimum wages and working conditions of its employees, especially those in the higher levels of government, is critical to a State's capacity to function.