Work Choices

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Federation Press, 2007 - 190 من الصفحات
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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 9
But the Court saw no problem with a 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 ...
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This body had powers to prevent and settle interstate industrial disputes , either by making awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do .
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Hence they were prepared to resolve disputes by making awards that applied to each employer that had been a " respondent ... Unlike its State counterparts , the Arbitration Court could not simply prescribe a " common rule " award that ...
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So while some workers had their wages and conditions regulated by the federal tribunal , the State tribunals continued to make and vary their own awards . The practice developed of deferring to the federal tribunal on major decisions ...
الصفحة 21
Once federal 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 ...

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المحتوى

Australias Federal System
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4
26
5
40
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59
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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
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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

نبذة عن المؤلف (2007)


Andrew Stewart is John Bray Professor of Law at University of Adelaide and a Legal Consultant to the national law firm Piper Alderman. He is one of Australia’s leading experts in labour relations and employment law, and has also published widely in the fields of intellectual property and contract law. He has played a prominent role in the public debate over workplace reforms, and has spoken and written widely about their implications for businesses, workers and unions. He also advised the government on the drafting and structure of the Fair Work legislation. In November 2009 he was elected President of the Australian Labour Law Association.

!--[if gte mso 9] Normal 0 false false false EN-AU X-NONE X-NONE MicrosoftInternetExplorer4 ![endif]--

!--[if gte mso 9] ![endif]--!--[if gte mso 10] ![endif]--George Williams is the Anthony Mason Professor, a Scientia Professor and the Foundation Director of the Gilbert + Tobin Centre of Public Law at the Faculty of Law, University of New South Wales. He has written and edited books including Australian Constitutional Law and Theory and The Oxford Companion to the High Court of Australia.



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العنوانWork Choices
المؤلفونAndrew Stewart, George Williams
الناشرFederation Press, 2007
رقم ISBN (الرقم الدولي المعياري للكتاب)1862876428, 9781862876422
عدد الصفحات190 من الصفحات
  
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