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 1
... unions and industrial tribunals . - The Howard Government believed that by increasing flexi- bility for employers the entire economy would benefit . Its critics feared that the changes would mean reductions in working condi- 1 Introduction.
... unions and industrial tribunals . - The Howard Government believed that by increasing flexi- bility for employers the entire economy would benefit . Its critics feared that the changes would mean reductions in working condi- 1 Introduction.
الصفحة 2
Andrew Stewart, George Williams. feared that the changes would mean reductions in working condi- tions , greater insecurity and more pressure on working families . The High Court was not being asked to resolve this debate . Its task was ...
Andrew Stewart, George Williams. feared that the changes would mean reductions in working condi- tions , greater insecurity and more pressure on working families . The High Court was not being asked to resolve this debate . Its task was ...
الصفحة 5
... changed . As these words attest , the dissenting judgments positively crackle with passion and concern for constitutional and societal values . They stand in marked contrast to the dry and technical tone of the majority judgment ...
... changed . As these words attest , the dissenting judgments positively crackle with passion and concern for constitutional and societal values . They stand in marked contrast to the dry and technical tone of the majority judgment ...
الصفحة 12
... changes to the economy , as well as some canny manoeuvring by the Commonwealth , have left the States with no revenue from income taxation . The High Court decisions in the Uniform Tax Cases of 1942 and 1957 upheld a Commonwealth ...
... changes to the economy , as well as some canny manoeuvring by the Commonwealth , have left the States with no revenue from income taxation . The High Court decisions in the Uniform Tax Cases of 1942 and 1957 upheld a Commonwealth ...
الصفحة 18
... changed . As we will see , the Commonwealth Parliament does in fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have ...
... changed . As we will see , the Commonwealth Parliament does in fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have ...
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