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 ix
... Engineers - Amalgamated Society of Engineers v Adelaide Steamship Co Ltd ( 1920 ) 28 CLR 129 Fairfax v Federal Commissioner of Taxation ( 1965 ) 114 CLR 1 Fontana Films - Actors and Announcers Equity Association v Fontana Films Pty Ltd ...
... Engineers - Amalgamated Society of Engineers v Adelaide Steamship Co Ltd ( 1920 ) 28 CLR 129 Fairfax v Federal Commissioner of Taxation ( 1965 ) 114 CLR 1 Fontana Films - Actors and Announcers Equity Association v Fontana Films Pty Ltd ...
الصفحة 2
... Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since then , the States have had to contend with a Court willing to take an expansive view of the legislative powers granted to ...
... Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since then , the States have had to contend with a Court willing to take an expansive view of the legislative powers granted to ...
الصفحة 8
... Engineers case . That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of ...
... Engineers case . That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of ...
الصفحة 9
... Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court identi- fied two specific ...
... Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court identi- fied two specific ...
الصفحة 10
... Engineers case . By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied in determining whether a law is with respect to a head of legislative power are well settled ...
... Engineers case . By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied in determining whether a law is with respect to a head of legislative power are well settled ...
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