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 vii
... Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 ...
... Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 ...
الصفحة 2
... challenge by a group of conservative - controlled States to the validity of industrial reforms introduced by the Keating Government . Now the boot was on the other foot . ALP governments in every State and Territory , as well as several ...
... challenge by a group of conservative - controlled States to the validity of industrial reforms introduced by the Keating Government . Now the boot was on the other foot . ALP governments in every State and Territory , as well as several ...
الصفحة 16
... challenge posed by such conflict - and therein lay the second preoccupation . The delegates wanted a process that involved a third party - often now called an " independent umpire " - with authority to step in and seek to resolve ...
... challenge posed by such conflict - and therein lay the second preoccupation . The delegates wanted a process that involved a third party - often now called an " independent umpire " - with authority to step in and seek to resolve ...
الصفحة 28
... challenges posed by an increasingly globalised economy . At the federal level , the new emphasis on enterprise - level bargaining was ultimately reflected in legislative amendments in 1992 and 1993. These recast the " objects " ( or ...
... challenges posed by an increasingly globalised economy . At the federal level , the new emphasis on enterprise - level bargaining was ultimately reflected in legislative amendments in 1992 and 1993. These recast the " objects " ( or ...
الصفحة 39
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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