Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. They show what was being argued and why it was being argued, as well as what was decided and the implications for AustraliaÃ¢â‚¬â„¢s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this Ã¢â‚¬Å“a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State lawsÃ¢â‚¬Â (Justice Kirby)? Might it reduce State Parliaments to Ã¢â‚¬Å“impotent debating societiesÃ¢â‚¬Â (Justice Callinan)?
accepted activities affairs agreements amendments applied approach arbitration areas argument Australian authority award balance bodies broad challenge changes Chapter character Choices Common Commonwealth concerned conferred connection constitutional corporations construction continue corporations power covered deal Debates decision doctrine effect employers employment enacted Engineers established exclude existence expressed extending fact Federal Parliament federal system field foreign functions further given grant head of power High Court important incorporated industrial disputes industrial relations intended interpretation interstate involved issue judges Justice Kirby labour law with respect least legislative power limits majority matters meaning operation Parliament particular parties persons plaintiffs possible present principle prohibited proposed provisions question reach reasons reference reforms regulation rejected Relations Act relationships relevant restriction result scope specific submissions suggested Territory trading unions validity workers Workplace Relations