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 11
The fact that the Commonwealth had no intention of raising any revenue did not prevent the Court from characterising the training levy as a law about taxation . Thirdly , and with only a few exceptions , the Court has refused to ...
The fact that the Commonwealth had no intention of raising any revenue did not prevent the Court from characterising the training levy as a law about taxation . Thirdly , and with only a few exceptions , the Court has refused to ...
الصفحة 18
As we will see , the Commonwealth Parliament does in fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been ...
As we will see , the Commonwealth Parliament does in fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been ...
الصفحة 20
The fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards .
The fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards .
الصفحة 22
In fact the Commonwealth has long sought to influence labour market outcomes in the name of macro - economic policy , even where it might not have been able to legislate for those outcomes .
In fact the Commonwealth has long sought to influence labour market outcomes in the name of macro - economic policy , even where it might not have been able to legislate for those outcomes .
الصفحة 40
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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 |