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 7
Where there is an irreconcilable conflict between a federal and a State law , the High Court applies section 109 of the Constitution , which states that in such an event the law of the Commonwealth " shall prevail " .
Where there is an irreconcilable conflict between a federal and a State law , the High Court applies section 109 of the Constitution , which states that in such an event the law of the Commonwealth " shall prevail " .
الصفحة 10
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 " .
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 " .
الصفحة 11
Taken together , these principles have allowed the specific Commonwealth powers to be applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the ...
Taken together , these principles have allowed the specific Commonwealth powers to be applied in areas never contemplated by the framers . Seemingly innocuous powers like that over " external affairs " have become major weapons in the ...
الصفحة 19
Hence they were prepared to resolve disputes by making awards that 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 ...
Hence they were prepared to resolve disputes by making awards that 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 ...
الصفحة 28
They still 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 ...
They still 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 ...
ما يقوله الناس - كتابة مراجعة
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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
معلومات المراجع
| العنوان | Work Choices |
| المؤلفون | Andrew Stewart, George Williams |
| الناشر | Federation Press, 2007 |
| رقم ISBN (الرقم الدولي المعياري للكتاب) | 1862876428, 9781862876422 |
| عدد الصفحات | 190 من الصفحات |
| تصدير الاقتباس | BiBTeX EndNote RefMan |