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Re Australian Education Union
''Re Australian Education Union'' (1995) 184 CLR 188 is a High Court of Australia constitutional law case that involves the scope of the intergovernmental immunity doctrine in Australian constitutional law.
In the case, the High Court struck down a Commonwealth law on the grounds that it impaired the capacity of a state to function as an independent government, the first time that the Court has taken such action.
==Background==
Under a Commonwealth law, the Australian Industrial Relations Commission can refrain from hearing a dispute if it thought it could be handled in a state body. However, Victoria argued that the law was discriminatory because Victoria had abolished its state-based system, the only state to have done so.
Furthermore, there was the question of whether Commonwealth orders that applied to state employees would prevent the state from exercising their essential functions.
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