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 10
... head of legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth ...
... head of legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth ...
الصفحة 11
... heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not mean that the first power will be construed narrowly ...
... heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not mean that the first power will be construed narrowly ...
الصفحة 23
... power , when making laws about industrial matters that are based on other " heads of power " ( ie , other legislative powers specified in the Constitution ) . In World War II , for instance , the Commonwealth used the defence power in ...
... power , when making laws about industrial matters that are based on other " heads of power " ( ie , other legislative powers specified in the Constitution ) . In World War II , for instance , the Commonwealth used the defence power in ...
الصفحة 43
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الصفحة 46
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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