Work ChoicesAndrew 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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It was clear the decision was going to be important not only for the future of industrial relations , but for the balance of power in the Constitution between the Commonwealth and the States . The inspiration was an earlier book that ...
It was clear the decision was going to be important not only for the future of industrial relations , but for the balance of power in the Constitution between the Commonwealth and the States . The inspiration was an earlier book that ...
الصفحة 1
The Court's decision was always going to be important on at least two different levels . In an immediate sense , the Court was being asked to overturn a controversial and hotly debated law . Lauded by business groups but denounced by ...
The Court's decision was always going to be important on at least two different levels . In an immediate sense , the Court was being asked to overturn a controversial and hotly debated law . Lauded by business groups but denounced by ...
الصفحة 8
Another important early doctrine was that of the " implied immunity of instrumentalities " . If federalism means that each level of government is sovereign , then it was thought that it must follow that no government at either level ...
Another important early doctrine was that of the " implied immunity of instrumentalities " . If federalism means that each level of government is sovereign , then it was thought that it must follow that no government at either level ...
الصفحة 15
But an understand- ing of the historical and constitutional background is important in making sense of the Work Choices legislation and the High Court's decision on its validity . Framing the Constitution To understand where the ...
But an understand- ing of the historical and constitutional background is important in making sense of the Work Choices legislation and the High Court's decision on its validity . Framing the Constitution To understand where the ...
الصفحة 20
The most important of these areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also common for employers to be subject to State laws on matters such as public ...
The most important of these areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also common for employers to be subject to State laws on matters such as public ...
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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
معلومات المراجع
| العنوان | Work Choices |
| المؤلفون | Andrew Stewart, George Williams |
| الناشر | Federation Press, 2007 |
| رقم ISBN (الرقم الدولي المعياري للكتاب) | 1862876428, 9781862876422 |
| عدد الصفحات | 190 من الصفحات |
| تصدير الاقتباس | BiBTeX EndNote RefMan |