Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

The bill is within Commonwealth constitutional power. The Australian Government Solicitor has considered all of the issues raised by Professor Stewart and has concluded that the bill is constitutional.

In terms of the specific cases that you refer to, Commonwealth legislative power is limited so as not to interfere with the legislative power of the states. You referred to the cases that set in place the principle: the Melbourne Corporation principle and Re AEU. In terms of those two cases, the limitation prevents the Commonwealth from making laws that restrict or impair the states' capacity to function as governments. The amendments that are proposed by this bill will ensure that federal laws—the Fair Work Act in this case—are not misused to defeat state law obligations, and in this case the particular act is the CFA Act. Our bill reinforces, rather than undermines, the principles that are articulated in the two cases you raised. It prevents a state government from using a federal law to undermine its own legislation. Thank you for raising that, because there does appear to have been some misunderstanding by some parties in relation to that.