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 1
... employers , giving them greater freedom in the terms on which they can hire and ( if necessary ) fire their staff . As a corol- lary , the amendments sought to marginalise - though by no means eliminate the role played by trade unions ...
... employers , giving them greater freedom in the terms on which they can hire and ( if necessary ) fire their staff . As a corol- lary , the amendments sought to marginalise - though by no means eliminate the role played by trade unions ...
الصفحة 11
... employer who fails to make the minimum contributions . Although the validity of the superannuation guarantee legislation has not been tested , a similar scheme ( now abolished ) that required employers to spend a minimum percentage of ...
... employer who fails to make the minimum contributions . Although the validity of the superannuation guarantee legislation has not been tested , a similar scheme ( now abolished ) that required employers to spend a minimum percentage of ...
الصفحة 18
... employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They began deliberately to manufacture disputes ...
... employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They began deliberately to manufacture disputes ...
الصفحة 19
... employers in more than one State at a time . The dispute that resulted from the rejection of these claims would then ... employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the ...
... employers in more than one State at a time . The dispute that resulted from the rejection of these claims would then ... employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the ...
الصفحة 20
... employers were governed only by federal awards , others by State instruments . In the case of many larger employers , it was not uncommon for a mixture to apply . Nor was it easy to predict what type of employer would fall into each ...
... employers were governed only by federal awards , others by State instruments . In the case of many larger employers , it was not uncommon for a mixture to apply . Nor was it easy to predict what type of employer would fall into each ...
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