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 v
Preface When Chris Holt from Federation Press asked us to write a book on the Work Choices 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 .
Preface When Chris Holt from Federation Press asked us to write a book on the Work Choices 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 .
الصفحة vii
... Introduction 1 2 Australia's Federal System 6 3 Labour Relations and the Constitution 14 4 The Work Choices Legislation 5 The Constitutional Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the ...
... Introduction 1 2 Australia's Federal System 6 3 Labour Relations and the Constitution 14 4 The Work Choices Legislation 5 The Constitutional Challenge 220 26 40 Part II The Decision 6 Interpreting the Constitution 7 The Scope of the ...
الصفحة 1
The Court's 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 ...
The Court's 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 ...
الصفحة 2
The 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 ...
The 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 ...
الصفحة 4
The 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 ...
The 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 ...
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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
معلومات المراجع
| العنوان | Work Choices |
| المؤلفون | Andrew Stewart, George Williams |
| الناشر | Federation Press, 2007 |
| رقم ISBN (الرقم الدولي المعياري للكتاب) | 1862876428, 9781862876422 |
| عدد الصفحات | 190 من الصفحات |
| تصدير الاقتباس | BiBTeX EndNote RefMan |