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 20
Nevertheless by 1990 , the last time award coverage was formally measured by the Australian Bureau of Statistics , there were still more workers covered by State than federal awards . There was no rhyme or reason to the pattern of ...
Nevertheless by 1990 , the last time award coverage was formally measured by the Australian Bureau of Statistics , there were still more workers covered by State than federal awards . There was no rhyme or reason to the pattern of ...
الصفحة 21
An employer could generally register an enterprise agreement that would have effect under the federal legislation , even if its workers were otherwise covered by State awards . Likewise , though this was less common in practice ...
An employer could generally register an enterprise agreement that would have effect under the federal legislation , even if its workers were otherwise covered by State awards . Likewise , though this was less common in practice ...
الصفحة 27
The proportion of workers covered by awards has now fallen , probably to around 70 per cent or so , though without reliable statistics it is hard to be sure of the precise figure . More workers are now covered by federal than State ...
The proportion of workers covered by awards has now fallen , probably to around 70 per cent or so , though without reliable statistics it is hard to be sure of the precise figure . More workers are now covered by federal than State ...
الصفحة 29
The take - up rate of these agreements was never substantial , covering perhaps no more than 7 per cent of the Western Australian workforce at their peak . But their impact in certain sectors ( notably the mining industry ) was ...
The take - up rate of these agreements was never substantial , covering perhaps no more than 7 per cent of the Western Australian workforce at their peak . But their impact in certain sectors ( notably the mining industry ) was ...
الصفحة 30
Even within workplaces covered by agree- ments , it was still common ( at least where unions were involved ) for disputes to be taken to the industrial tribunals for resolution . And at least 20 per cent of workers were still engaged ...
Even within workplaces covered by agree- ments , it was still common ( at least where unions were involved ) for disputes to be taken to the industrial tribunals for resolution . And at least 20 per cent of workers were still engaged ...
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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