Corporations power - the Australian Constitution

Corporations power is the term for the power provided in s.51(xx) of the Australian Constitution which enables federal parliament to make laws with respect to foreign corporations and trading or financial corporations formed within the limits of the Commonwealth.

This is the power provided in s51(xx) of the Australian Constitution which enables federal parliament to make laws with respect to foreign corporations and trading or financial corporations formed within the limits of the Commonwealth. It is the power under which the Fair Work Act is enacted, meaning this legislation may only cover those employers who are incorporated, unless a State refers its industrial relations power to the Commonwealth. A State that refers this power means any employer (including an unincorporated employer, eg a sole trader or a partnership) operating within that State is covered by the Fair Work Act. This has occurred because of the enactment of the Fair Work Amendment (State Referrals and Other Measures) Act 2009, meaning the Fair Work Act covers all States, except Western Australia.
 

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