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 ...
... 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 ...
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 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