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 5
... concern for constitutional and societal values . They stand in marked contrast to the dry and technical tone of the ... concerns to the High Court . Chapter 2 Australia's Federal System The Australian Constitution was drafted 5 Introduction.
... concern for constitutional and societal values . They stand in marked contrast to the dry and technical tone of the ... concerns to the High Court . Chapter 2 Australia's Federal System The Australian Constitution was drafted 5 Introduction.
الصفحة 6
... concerned to maintain the rights of the colonies when they became States in the new Australian nation . As politicians from the colonies , they did not want to see the encroachment of the new central government into State areas of ...
... concerned to maintain the rights of the colonies when they became States in the new Australian nation . As politicians from the colonies , they did not want to see the encroachment of the new central government into State areas of ...
الصفحة 10
... concerns of the present day , not 1900 . Secondly , the Court has taken a liberal approach to the process of ... concern or motive of the legislators may have been to regulate the latter subject . Take for instance the superannuation ...
... concerns of the present day , not 1900 . Secondly , the Court has taken a liberal approach to the process of ... concern or motive of the legislators may have been to regulate the latter subject . Take for instance the superannuation ...
الصفحة 20
... concerned . The fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards . The ...
... concerned . The fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards . The ...
الصفحة 24
... concern itself with issues that arose within a single State , it could apparently do so . It was enough that the law in question had an appropriate link to a subject that fell within one of its other heads of power . Before Work Choices ...
... concern itself with issues that arose within a single State , it could apparently do so . It was enough that the law in question had an appropriate link to a subject that fell within one of its other heads of power . Before Work Choices ...
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