Work ChoicesAndrew 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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Andrew has played a prominent role in the public debate over the Work Choices legis- lation , and has spoken and written widely about its implications for businesses , workers and unions . George Williams is one of Australia's leading ...
Andrew has played a prominent role in the public debate over the Work Choices legis- lation , and has spoken and written widely about its implications for businesses , workers and unions . George Williams is one of Australia's leading ...
الصفحة 1
It had produced massive street demonstrations on a scale rarely seen in Australia , competing advertising campaigns , and a fierce debate as to the need for labour market reform . It had also become the single most obvious point of ...
It had produced massive street demonstrations on a scale rarely seen in Australia , competing advertising campaigns , and a fierce debate as to the need for labour market reform . It had also become the single most obvious point of ...
الصفحة 2
The High Court was not being asked to resolve this debate . Its task was not to rule on whether the Work Choices legislation was a wise or sensible measure . All it had to decide was whether the Commonwealth had the constitutional power ...
The High Court was not being asked to resolve this debate . Its task was not to rule on whether the Work Choices legislation was a wise or sensible measure . All it had to decide was whether the Commonwealth had the constitutional power ...
الصفحة 5
To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new ...
To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the Constitution to discover new ...
الصفحة 14
The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that ...
The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that ...
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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