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 2
... willing to take an expansive view of the legislative powers granted to the Com- monwealth . At key points over the past century , the High Court has permitted the Commonwealth to encroach into areas pre- viously left to the States .
... willing to take an expansive view of the legislative powers granted to the Com- monwealth . At key points over the past century , the High Court has permitted the Commonwealth to encroach into areas pre- viously left to the States .
الصفحة 4
For Justice Kirby , a broad view of the corporations power would permit " a destabilising intrusion of direct federal law- making into areas of legislation which , since federation , have been the subjects of State laws " .
For Justice Kirby , a broad view of the corporations power would permit " a destabilising intrusion of direct federal law- making into areas of legislation which , since federation , have been the subjects of State laws " .
الصفحة 6
As politicians from the colonies , they did not want to see the encroachment of the new central government into State areas of control . To achieve this , when Australia became a nation on 1 January 1901 it also became a federation .
As politicians from the colonies , they did not want to see the encroachment of the new central government into State areas of control . To achieve this , when Australia became a nation on 1 January 1901 it also became a federation .
الصفحة 7
As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the ...
As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the ...
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 ...
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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 |