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 8
... grants of power were to be interpreted so as to ensure that they did not encroach too far on the " residual " powers of the States . Another important early doctrine was that of the " implied immunity of instrumentalities " . If ...
... grants of power were to be interpreted so as to ensure that they did not encroach too far on the " residual " powers of the States . Another important early doctrine was that of the " implied immunity of instrumentalities " . If ...
الصفحة 12
... grants on " such terms and conditions " as it thinks fit . The financial problems of the States were also compounded by the more recent decision of the High Court in Ha ( 1997 ) . In that case the High Court struck down excise duties ...
... grants on " such terms and conditions " as it thinks fit . The financial problems of the States were also compounded by the more recent decision of the High Court in Ha ( 1997 ) . In that case the High Court struck down excise duties ...
الصفحة 13
... grants , including $ 45 billion in GST money . In the case of New South Wales , federal handouts accounted for around 40 % of its revenues in the past financial year . The catch for the States is that when the Commonwealth grants them ...
... grants , including $ 45 billion in GST money . In the case of New South Wales , federal handouts accounted for around 40 % of its revenues in the past financial year . The catch for the States is that when the Commonwealth grants them ...
الصفحة 22
... grants that are conditional on Commonwealth policies being observed . Vocational education and training have provided a prime example in recent years . It is the States that have legislative responsibility over both the TAFE sector and ...
... grants that are conditional on Commonwealth policies being observed . Vocational education and training have provided a prime example in recent years . It is the States that have legislative responsibility over both the TAFE sector and ...
الصفحة 47
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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 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