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 7
... industrial disputes , as explained in the next chapter . The High Court on Federalism For the first two decades of the new nation , the High Court inter- preted the Constitution in a way that maintained the position of the States and ...
... industrial disputes , as explained in the next chapter . The High Court on Federalism For the first two decades of the new nation , the High Court inter- preted the Constitution in a way that maintained the position of the States and ...
الصفحة 16
... industrial disputes could occur on a scale that crossed State boundaries . Such disputes were difficult for each State on its own to control . The delegates still had fresh memories of the industrial conflict that in the early 1890s had ...
... industrial disputes could occur on a scale that crossed State boundaries . Such disputes were difficult for each State on its own to control . The delegates still had fresh memories of the industrial conflict that in the early 1890s had ...
الصفحة 17
... industrial conflict , the framers of the Constitu- tion had quite carefully limited the Commonwealth to dealing with interstate disputes , and then only through a mechanism that invol- ved conciliation and arbitration . Aside from the ...
... industrial conflict , the framers of the Constitu- tion had quite carefully limited the Commonwealth to dealing with interstate disputes , and then only through a mechanism that invol- ved conciliation and arbitration . Aside from the ...
الصفحة 18
... industrial disputes , either by making awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common ...
... industrial disputes , either by making awards or by registering agreements between employers and trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common ...
الصفحة 19
... in 1983 , the Court took the view that only disputes that occurred in an " industry " could come before the federal tribunal . So while some workers had their wages and conditions regulated 19 Labour Relations and the Constitution.
... in 1983 , the Court took the view that only disputes that occurred in an " industry " could come before the federal tribunal . So while some workers had their wages and conditions regulated 19 Labour Relations and the Constitution.
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