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 7
... applies section 109 of the Constitution , which states that in such an event the law of the Commonwealth " shall prevail " . Although the framers of the Constitution recognised the possibility of conflict and overlap , the federal ...
... applies section 109 of the Constitution , which states that in such an event the law of the Commonwealth " shall prevail " . Although the framers of the Constitution recognised the possibility of conflict and overlap , the federal ...
الصفحة 10
... applied in determining whether a law is with respect to a head of legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) ...
... applied in determining whether a law is with respect to a head of legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) ...
الصفحة 11
... applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam case ( 1983 ) the High Court has ...
... applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam case ( 1983 ) the High Court has ...
الصفحة 19
... applied to each employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the Arbitration Court could not simply prescribe a " common rule " award that applied to everyone employing ...
... applied to each employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the Arbitration Court could not simply prescribe a " common rule " award that applied to everyone employing ...
الصفحة 28
... applied to workers who had not negotiated an agreement . But they also set a benchmark for bargaining through the " no - disadvantage test " . Under that test , no agreement should be registered if it left work- ers any worse off on ...
... applied to workers who had not negotiated an agreement . But they also set a benchmark for bargaining through the " no - disadvantage test " . Under that test , no agreement should be registered if it left work- ers any worse off on ...
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