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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الصفحة viii
Abbreviations ACTU AFPC AIRC Australian Council of Trade Unions Australian Fair Pay Commission Australian Industrial Relations Commission ALP Australian Labor Party AWA Australian Workplace Agreement AWU ILO Australian Workers Union ...
Abbreviations ACTU AFPC AIRC Australian Council of Trade Unions Australian Fair Pay Commission Australian Industrial Relations Commission ALP Australian Labor Party AWA Australian Workplace Agreement AWU ILO Australian Workers Union ...
الصفحة 18
This body had powers to prevent and settle interstate industrial disputes , either by making awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do .
This body had powers to prevent and settle interstate industrial disputes , either by making awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do .
الصفحة 21
Where scope emerged in the 1990s for a degree of choice was in relation to the making of agreements that set wages and working conditions . An employer could generally register an enterprise agreement that would have effect under the ...
Where scope emerged in the 1990s for a degree of choice was in relation to the making of agreements that set wages and working conditions . An employer could generally register an enterprise agreement that would have effect under the ...
الصفحة 24
... effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 Work Choices.
... effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 Work Choices.
الصفحة 25
conditions could be registered by any employer that was a trading , financial or foreign corporation , or a Commonwealth agency , even though the agreement was not made in settlement of an interstate dispute . None of these extensions ...
conditions could be registered by any employer that was a trading , financial or foreign corporation , or a Commonwealth agency , even though the agreement was not made in settlement of an interstate dispute . None of these extensions ...
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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