The Applicant was a company, limited by guarantee, which represented a number of small to medium sized employers which provide electrical contracting services.
This judicial review was taken to determine:
Whether a sectoral employment order (SEO) made pursuant to the Industrial Relations (Amendment) Act 2015 was legally valid.
Whether the underpinning legislation, Chapter 3 of the Industrial Relations (Amendment) Act 2015, was constitutional.
The High Court, finding for the Applicant, held that the purported SEO was not legally valid and that the underpinning legislation, Chapter 3 of the Industrial Relations (Amendment) Act 2015 was unconstitutional as it did not meet the requirements of 15.2.1° of the Constitution.
DisclaimerThe information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.This article is correct at 29/06/2020
Discover the smarter way to deliver staff training (without the stress)!Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS