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 23
... industrial arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High Court's willingness to ... disputes . The Court has also upheld provisions authorising the federal arbitration tribunal to deal with matters ...
... industrial arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High Court's willingness to ... disputes . The Court has also upheld provisions authorising the federal arbitration tribunal to deal with matters ...
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