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Work Choices Case Study

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In addition, clause 9 of the legislation proposes to implement the requirement of “Army Reserve’ training to at least 5% of the teachers of a ‘constitutional college’. This proposed of federal regulation on constitutional colleges can be analysed using the decision reached in the Work Choices case. In this, the Court reaffirmed the “object of command test’ as the preferred test to determine whether or not a law falls within the core of the corporations power, and therefore can be validly applied to a corporation. This test dictates that a ‘constitutional corporation is an object of command of a law, permitting or prohibiting a trading or financial corporation from engaging in conduct or forming relationships’. In Work Choices, the Court upheld

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