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)? |
من داخل الكتاب
النتائج 1-5 من 30
الصفحة 9
... award prescribing wage rates or other employment conditions for teachers in State schools . In reality , the Melbourne Corporation principles have done little to restrict the operation of federal laws . The Broad Approach to Federal ...
... award prescribing wage rates or other employment conditions for teachers in State schools . In reality , the Melbourne Corporation principles have done little to restrict the operation of federal laws . The Broad Approach to Federal ...
الصفحة 18
... awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They ...
... awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They ...
الصفحة 19
... award . Periodically , the union would seek a variation to the award , either to increase wages or make some other improvement to prescribed conditions . It would do so either by reopening a previous dispute or by creating a new one ...
... award . Periodically , the union would seek a variation to the award , either to increase wages or make some other improvement to prescribed conditions . It would do so either by reopening a previous dispute or by creating a new one ...
الصفحة 20
... award both purported to apply to the same employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was formally measured by the ...
... award both purported to apply to the same employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was formally measured by the ...
الصفحة 21
... award coverage was in place it was difficult to revert to a State instrument , since the federal award would inevi- tably prevail . If an employer was bound by a federal award only because of its membership of an employer association ...
... award coverage was in place it was difficult to revert to a State instrument , since the federal award would inevi- tably prevail . If an employer was bound by a federal award only because of its membership of an employer association ...
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