Politics, pragmatism and the platform: the ALP and federal industrial relations powers

The High Court challenge to the constitutional validity of the Howard government's 'Work Choices' legislation implies a counter intuitive endorsement of both the theory and practice of federalism by the Australian Labor Party (ALP). By examining the relationship between the ALP and the federal parliament's industrial relations law making powers the paper argues the (failed) litigation of the State ALP governments was consistent with the party's century old tradition to expand federal powers to advance the interests of the labour movement and workers generally. While parallels between the Howard government and past ALP efforts to expand federal industrial relations powers can be identified, these similarities are merely superficial as expanded federal powers are only a means to achieving ALP industrial relations policy and not an end in themselves.