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)? |
من داخل الكتاب
النتائج 1-5 من 26
الصفحة 9
... federal award prescribing wage rates or other employment conditions for teachers in State schools . In reality , the Melbourne Corporation principles have done little to restrict the operation of federal laws . The Broad Approach to Federal ...
... federal award prescribing wage rates or other employment conditions for teachers in State schools . In reality , the Melbourne Corporation principles have done little to restrict the operation of federal laws . The Broad Approach to Federal ...
الصفحة 18
... federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal ... awards or by registering agreements between employers and trade unions . In its early years the Court had little ...
... federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal ... awards or by registering agreements between employers and trade unions . In its early years the Court had little ...
الصفحة 19
... award that applied to everyone employing the relevant type of labour . Each employer bound by a federal award must have been involved in or had some connection to the original dispute . But as long as the union was aware of a relevant ...
... award that applied to everyone employing the relevant type of labour . Each employer bound by a federal award must have been involved in or had some connection to the original dispute . But as long as the union was aware of a relevant ...
الصفحة 20
... federal and State award both purported to apply to the same employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was ...
... federal and State award both purported to apply to the same employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was ...
الصفحة 21
... federal award coverage was in place it was difficult to revert to a State instrument , since the federal award would inevi- tably prevail . If an employer was bound by a federal award only because of its membership of an employer ...
... federal award coverage was in place it was difficult to revert to a State instrument , since the federal award would inevi- tably prevail . If an employer was bound by a federal award only because of its membership of an employer ...
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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act