It had to happen. The NSW Government came out yesterday as the first state to challenge
the Commonwealth’s industrial relations changes in the High Court. More
interesting questions are being overlooked in the face of obvious
rhetoric.

Look at yesterday’s exchanges. The NSW Government
accuses Canberra of attempting “an extension of the Commonwealth’s
powers beyond what the Constitution grants them,” according to General
Noriega lookalike and state IR Minister John Della Bosca. “We believe
that not only is the workplace legislation a document that contains a
formula for the families of Australia and the lifestyle of Australian
employees to be eroded, but also, we believe the legislation is
illegal.”

Federal Workplace Relations Minister Kev the Rev
countered with the accusation that the Iemma Government is “clinging to
an outdated, archaic system of workplace relations.”

Will Della Bosca have some more interesting matters to raise when the High Court action gets underway?

This
week’s ducking and weaving by Peter Costello begs questions about what
sort of advice the Howard Government sought on the economic impact of
the WorkChoices legislation.

The other states are likely to follow suit. What will they want to know when the Commonwealth’s in the dock?

If
– I said if – the Treasurer’s telling the truth about Treasury, it looks as if
a Government that espouses the merits of business didn’t take a
business-like approach to its own activities, to a major policy swing.

It
looks more and more as if WorkChoices was driven by ideological
obsession, not economic merit. Perhaps someone should do an FOI on the
subject.