Work ChoicesFederation Press, 2007 - 190 من الصفحات 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 Australia’s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this “a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws†(Justice Kirby)? Might it reduce State Parliaments to “impotent debating societies†(Justice Callinan)? |
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الصفحة v
... Commonwealth and the States . The inspiration was an earlier book that Peter Butt and Robert Eagleson had done on the Mabo case . As with that work , we have presented extracts from the High Court's judgments so that readers can see ...
... Commonwealth and the States . The inspiration was an earlier book that Peter Butt and Robert Eagleson had done on the Mabo case . As with that work , we have presented extracts from the High Court's judgments so that readers can see ...
الصفحة ix
... Commonwealth ( 2005 ) 80 ALJR 247 Concrete Pipes - Strickland v Rocla Concrete Pipes Ltd ( 1971 ) 124 CLR 468 - CSL ... Commonwealth ( 2000 ) 202 CLR 479 Ha v New South Wales ( 1997 ) 189 CLR 465 Huddart , Parker & Co Pty Ltd v ...
... Commonwealth ( 2005 ) 80 ALJR 247 Concrete Pipes - Strickland v Rocla Concrete Pipes Ltd ( 1971 ) 124 CLR 468 - CSL ... Commonwealth ( 2000 ) 202 CLR 479 Ha v New South Wales ( 1997 ) 189 CLR 465 Huddart , Parker & Co Pty Ltd v ...
الصفحة x
... Commonwealth South Australia v Commonwealth ( 1942 ) 65 CLR 373 and Victoria v The Common- wealth ( 1957 ) 99 CLR 575 University of Wollongong - National Tertiary Education Industry Union v University of Wollongong [ 1997 ] AIRC 574 ...
... Commonwealth South Australia v Commonwealth ( 1942 ) 65 CLR 373 and Victoria v The Common- wealth ( 1957 ) 99 CLR 575 University of Wollongong - National Tertiary Education Industry Union v University of Wollongong [ 1997 ] AIRC 574 ...
الصفحة 2
... Commonwealth had the constitutional power to pass that legis- lation . But given the depth of feeling over the new laws , some saw the High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform ...
... Commonwealth had the constitutional power to pass that legis- lation . But given the depth of feeling over the new laws , some saw the High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform ...
الصفحة 3
... Commonwealth could regulate must have something to do with the characteristic that brought those corporations within Commonwealth power . This would mean , for example , that only the trading activities of a trading corporation could be ...
... Commonwealth could regulate must have something to do with the characteristic that brought those corporations within Commonwealth power . This would mean , for example , that only the trading activities of a trading corporation could be ...
المحتوى
| 6 | |
| 26 | |
5 | 40 |
6 | 59 |
7 | 69 |
9 | 129 |
Making Law Through Regulations | 135 |
Other Issues | 142 |
What It Means for Labour Relations | 152 |
13 | 166 |
Extracts from the Australian Constitution | 176 |
Index | 182 |
عبارات ومصطلحات مألوفة
accepted AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act