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 v
... powers , and why the Howard Government had to turn to the corporations power to support its controversial Work Choices legislation . Some of this is based on material originally written by Andrew Stewart for a Productivity Commission ...
... powers , and why the Howard Government had to turn to the corporations power to support its controversial Work Choices legislation . Some of this is based on material originally written by Andrew Stewart for a Productivity Commission ...
الصفحة vii
... Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The Implications 12 What ...
... Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The Implications 12 What ...
الصفحة 3
... corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make laws relating to " foreign corporations , and trading or financial corporations formed within the limits of the Commonwealth ...
... corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make laws relating to " foreign corporations , and trading or financial corporations formed within the limits of the Commonwealth ...
الصفحة 4
... corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments ...
... corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments ...
الصفحة 5
... powers which it contemplates " . To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the ...
... powers which it contemplates " . To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent debating society " . It was time , he said , for the High Court to stop " strip - mining " the ...
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