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 17
... interstate disputes , and then only through a mechanism that invol- ved conciliation and arbitration . Aside from the " industrial arbitration power " in section 51 ( 35 ) , there was no other legislative power that explicitly dealt ...
... interstate disputes , and then only through a mechanism that invol- ved conciliation and arbitration . Aside from the " industrial arbitration power " in section 51 ( 35 ) , there was no other legislative power that explicitly dealt ...
الصفحة 18
... interstate 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 ...
... interstate 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 ...
الصفحة 19
... interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes " as properly falling within the Court's jurisdiction . Even then , the Arbitration Court might have insisted on resolving such ...
... interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes " as properly falling within the Court's jurisdiction . Even then , the Arbitration Court might have insisted on resolving such ...
الصفحة 23
... interstate disputes . The Court has also upheld provisions authorising the federal arbitration tribunal to deal with matters involving certain maritime or waterside workers , even in the absence of an interstate dispute . These ...
... interstate disputes . The Court has also upheld provisions authorising the federal arbitration tribunal to deal with matters involving certain maritime or waterside workers , even in the absence of an interstate dispute . These ...
الصفحة 24
... interstate or international trade and commerce ( section 51 ( 1 ) ) , trading , finan- cial or foreign corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was also the ...
... interstate or international trade and commerce ( section 51 ( 1 ) ) , trading , finan- cial or foreign corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was also the ...
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