Sectoral Employment Orders Declared Unconstitutional

The High Court has declared certain sections of the Industrial Relations (Amendment) Act 2015 (the “2015 Act”) to be unconstitutional, thereby making sectoral employment orders invalid.  This has immediate implications for employers and workers in the electrical, mechanical engineering, and construction sectors.  The decision also has implications for outstanding claims made by contractors under construction contracts for the additional costs incurred by them in complying with sectoral employment orders. 

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