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 37
الصفحة 7
... further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe the legislative ...
... further power over pension benefits and other matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe the legislative ...
الصفحة 14
... 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.
... 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 17
... Further- more , as explained in the previous chapter the Commonwealth can only make laws on matters specifically listed in the Constitution . The States have the residual power to legislate on matters that either fall outside federal ...
... Further- more , as explained in the previous chapter the Commonwealth can only make laws on matters specifically listed in the Constitution . The States have the residual power to legislate on matters that either fall outside federal ...
الصفحة 23
... further aspect of the Commonwealth's expanding role in labour regulation has been its capacity to call on legislative powers other than the industrial arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High ...
... further aspect of the Commonwealth's expanding role in labour regulation has been its capacity to call on legislative powers other than the industrial arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High ...
الصفحة 28
... further . It introduced the option of indi- vidual AWAs , to go along with certified ( collective ) agreements . Importantly , the need to secure the support of the Democrats in the Senate frustrated the government's bid to remove the ...
... further . It introduced the option of indi- vidual AWAs , to go along with certified ( collective ) agreements . Importantly , the need to secure the support of the Democrats in the Senate frustrated the government's bid to remove the ...
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