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 v
... 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 Peter Butt and Robert Eagleson had done on ...
... 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 Peter Butt and Robert Eagleson had done on ...
الصفحة 1
... 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 trade unions , academics and many religious ...
... 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 trade unions , academics and many religious ...
الصفحة 8
... 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 could be ...
... 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 could be ...
الصفحة 15
... 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 parallel coverage of labour relations originated , we must go back to the ...
... 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 parallel coverage of labour relations originated , we must go back to the ...
الصفحة 20
... 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 holidays ...
... 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 holidays ...
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