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 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