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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... given the depth of feeling over the new laws , some saw the High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the ...
... given the depth of feeling over the new laws , some saw the High Court case as a chance to frustrate the federal govern- ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the ...
الصفحة 4
... given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian ...
... given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian ...
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... Given that Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State ...
... Given that Australia , as at December 2005 , had entered into 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State ...
الصفحة 14
... given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that would not have been foreseen when it was originally framed . But its limitations could never be completely overcome ...
... given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that would not have been foreseen when it was originally framed . But its limitations could never be completely overcome ...
الصفحة 33
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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