Expediency comes before consistency in Australian politics. For decades the Coalition parties have championed states’ rights and the benefits of devolving power to the states to avoid duplication. For years they have denounced the Federal Labor Government for … as they would say … abusing the foreign affairs power in the Constitution to intrude into areas traditionally the preserve of the states.
Then they get into government. The high-sounding principles are discarded and one of their first laws is to use the foreign-affairs power to override state employment law. The Coalition has said it will use international labour and political covenants that enshrine freedom of association to overturn law proposed by the NSW government to give preference to unionists.
Now, compulsory unionism is an anathema and any law that insists an employer preference to a unionist over anyone else when hiring is discriminatory. However, the Coalition’s use of the foreign affairs-power and its overriding of state law is rank hypocrisy. It is using the end to justify a means which it has condemned in the past. If it had acknowledged that governments should be able to call on all constitutional powers to pursue their political aims, then no-one could quarrel.
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