Opinion Number. 324

Subject

WAGE FIXING
EXTENT OF COMMONWEALTH POWER

Key Legislation

CONSTITUTION, s. 51 (i), (xxxv), (xxxix)

Date

It appears that the Commonwealth Parliament has no power to deal with the wages paid by Australian manufacturers-except incidentally to the prevention or settlement of an industrial dispute extending beyond a State.

Apparently, the only available control that the Parliament can exercise is over sale by the manufacturer to persons in another State-e.g. by regulating the sale price. But though it might be possible in this way to bring pressure on the manufacturer, it is by no means clear that the desired result could be effected.

The situation emphasises the necessity for an amendment of the Constitution.

[Vol.7, p. 21 ]