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 3
... established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power . For them , the clue was in the categories of corporations specified as being ...
... established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power . For them , the clue was in the categories of corporations specified as being ...
الصفحة 8
... established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision . In 1920 the Court ...
... established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision . In 1920 the Court ...
الصفحة 14
... failed at referenda to achieve the required level of popular support . The Constitutional Commission established by the Hawke Government recommended that a further attempt be made along these lines . But its proposal was never put to 14.
... failed at referenda to achieve the required level of popular support . The Constitutional Commission established by the Hawke Government recommended that a further attempt be made along these lines . But its proposal was never put to 14.
الصفحة 16
... establish a process that could meet the challenge posed by such conflict - and therein lay the second preoccupation . The delegates wanted a process that involved a third party - often now called an " independent umpire " - with ...
... establish a process that could meet the challenge posed by such conflict - and therein lay the second preoccupation . The delegates wanted a process that involved a third party - often now called an " independent umpire " - with ...
الصفحة 17
... revenue . The Commonwealth eventually obtained a broad ( if not comprehensive ) power to establish social security entitlements , including for persons temporarily or perma- nently 17 Labour Relations and the Constitution.
... revenue . The Commonwealth eventually obtained a broad ( if not comprehensive ) power to establish social security entitlements , including for persons temporarily or perma- nently 17 Labour Relations and the Constitution.
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