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
... decision , it was an easy offer to accept . We had both spent the previous year fielding questions about what the High Court was likely to say . It was clear the decision was going to be important not only for the future of industrial ...
... decision , it was an easy offer to accept . We had both spent the previous year fielding questions about what the High Court was likely to say . It was clear the decision was going to be important not only for the future of industrial ...
الصفحة vii
... Decision 6 Interpreting the Constitution 7 The Scope of the 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 ...
... Decision 6 Interpreting the Constitution 7 The Scope of the 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 ...
الصفحة 1
... decision was always going to be important on at least two different levels . In an immediate sense , the Court was being asked to overturn a controversial and hotly debated law . Lauded by business groups but denounced by trade unions ...
... decision was always going to be important on at least two different levels . In an immediate sense , the Court was being asked to overturn a controversial and hotly debated law . Lauded by business groups but denounced by trade unions ...
الصفحة 2
... decision was based in part on the Commonwealth's ability to give effect to international treaties . The breadth of that power was reaffirmed in the Industrial Rela- tions Act case ( 1996 ) , when the High Court rejected a challenge by a ...
... decision was based in part on the Commonwealth's ability to give effect to international treaties . The breadth of that power was reaffirmed in the Industrial Rela- tions Act case ( 1996 ) , when the High Court rejected a challenge by a ...
الصفحة 4
... decision was published under the name of New South Wales and Others v Commonwealth [ 2006 ] HCA 52. It can be accessed on the internet at < www.austlii.edu.au/au/cases/cth/high_ ct / 2006 / 52.html > . The majority of the Court ...
... decision was published under the name of New South Wales and Others v Commonwealth [ 2006 ] HCA 52. It can be accessed on the internet at < www.austlii.edu.au/au/cases/cth/high_ ct / 2006 / 52.html > . The majority of the Court ...
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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act