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 Moorehead ...
... 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 Moorehead ...
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 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