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 8
... approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision . In 1920 the Court discarded any idea ...
... approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision . In 1920 the Court discarded any idea ...
الصفحة 9
... Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers . As far back as the ...
... Approach to Federal Powers The emphasis placed on the text of the Constitution since Engi- neers has been especially potent when combined with a generous approach to the interpretation of the specific federal powers . As far back as the ...
الصفحة 10
... approach to constitutional interpretation . Rather than deferring to the actual or presumed purpose of those who drafted the document , the Court has generally been willing to treat the Constitution as a " living " instrument . Its ...
... approach to constitutional interpretation . Rather than deferring to the actual or presumed purpose of those who drafted the document , the Court has generally been willing to treat the Constitution as a " living " instrument . Its ...
الصفحة 12
... approach of the High Court , irrelevant . Since 1920 then , the steady trend of High Court decisions has favoured a broad reading of federal power at the expense of the Australian States . This has been punctuated with landmark deci ...
... approach of the High Court , irrelevant . Since 1920 then , the steady trend of High Court decisions has favoured a broad reading of federal power at the expense of the Australian States . This has been punctuated with landmark deci ...
الصفحة 21
... approach this at a time , it must be remembered , when there were still Liberal or Coalition governments at State level . Once federal award coverage was in place it was difficult to revert to a State instrument , since the federal ...
... approach this at a time , it must be remembered , when there were still Liberal or Coalition governments at State level . Once federal award coverage was in place it was difficult to revert to a State instrument , since the federal ...
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