Work ChoicesAndrew 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 7
It refers only to the conciliation and arbitration of inter- state industrial disputes , as explained in the next chapter . The High Court on Federalism For the first two decades of the new nation , the High Court inter- preted the ...
It refers only to the conciliation and arbitration of inter- state industrial disputes , as explained in the next chapter . The High Court on Federalism For the first two decades of the new nation , the High Court inter- preted the ...
الصفحة 16
It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
الصفحة 17
It is possible that had the terms " conciliation and arbitration " not been written into the Constitution , this form of regulation might at some stage have withered away . Other countries had experimented with the idea in the 19th ...
It is possible that had the terms " conciliation and arbitration " not been written into the Constitution , this form of regulation might at some stage have withered away . Other countries had experimented with the idea in the 19th ...
الصفحة 18
... by the Common- wealth to push the boundaries of other federal legislative powers besides section 51 ( 35 ) . Expansion of the Federal Arbitration System Section 51 ( 35 ) was first used in 1904 to create a Court of Conciliation and ...
... by the Common- wealth to push the boundaries of other federal legislative powers besides section 51 ( 35 ) . Expansion of the Federal Arbitration System Section 51 ( 35 ) was first used in 1904 to create a Court of Conciliation and ...
الصفحة 19
The dispute that resulted from the rejection of these claims would then be notified to the Court of Conciliation and Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes ...
The dispute that resulted from the rejection of these claims would then be notified to the Court of Conciliation and Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes ...
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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