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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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 3
Although this was not always explicit in their submissions , they were in effect asking the Court to recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the ...
Although this was not always explicit in their submissions , they were in effect asking the Court to recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the ...
الصفحة 5
Indeed by " reshaping the federation " , the High Court was in effect subverting the " sacred and exclusive role of the people " to decide whether the Constitution should be changed . As these words attest , the dissenting judgments ...
Indeed by " reshaping the federation " , the High Court was in effect subverting the " sacred and exclusive role of the people " to decide whether the Constitution should be changed . As these words attest , the dissenting judgments ...
الصفحة 12
Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure the States ' financial position and independence . At federation in 1901 , it was the States and not the ...
Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure the States ' financial position and independence . At federation in 1901 , it was the States and not the ...
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 ...
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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 |