As you would be aware, the Federal Government introduced the Workplace Relations Amendment (Work Choices) Bill 2005 into Parliament on 2 November 2005. The legislation was introduced with the intention that it be passed by Federal Parliament before Christmas and commence in March 2006. It has also been announced that a short Senate inquiry will be held to report by 22 November 2005, with the Office of Industrial Relations (OIR) coordinating the NSW Government's submission.

The NSW Government opposes the Commonwealth's move to takeover the State industrial relations system. Industrial relations has traditionally been a shared power in the Constitution, with the Commonwealth generally having power over interstate industrial relations and the States having power over intra-State industrial relations. In a radical departure from this delineation of power, the Bill purports to comprehensively regulate industrial relations as it applies to all constitutional corporations, in the process casting doubt over existing State industrial arrangements.

The Government is considering the effect of the legislation on public sector employers and is in the process of obtaining legal advice on the constitutionality of the Federal Government's legislation in preparation for a High Court Challenge. Advice will also consider the impact of the legislation on the public sector, the options available to keep NSW Government agencies within the State system and specific impact on individual agencies.

The obtaining of legal advice in this matter will be co-ordinated by the PEO to ensure consistency of approach. Agencies who have already independently obtained legal advice should contact the PEO. Any queries in this regard should be directed to Tony Nicod, Manager, Legal Services on telephone 9228 3592 or [email protected]. Per Premier's Memorandum M1995-39 in seeking advice on issues which involve the constitutional powers and privileges of the State and/or Commonwealth, legal questions will be referred to the Crown Solicitor's Office.

To brief agencies on the issues, the Public Employment Office (PEO) will conduct information sessions commencing November. Agencies should email details of a relevant contact to [email protected] .

Morris Iemma MP
Premier and Treasurer

Issued : Employee Relations and Workforce Planning Services (Public Employment Office)
EMail: [email protected]
File no: PSM/05714 PT 3
Date: 3 November 2005