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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الصفحة 1
It was the largest number of lawyers ever involved in a High Court proceeding . 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 ...
It was the largest number of lawyers ever involved in a High Court proceeding . 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 ...
الصفحة 6
This system of federalism created by the Constitution involves two tiers of government in which power is divided between the Common- wealth and the States . In this , it follows the United States model . Although Australia also has ...
This system of federalism created by the Constitution involves two tiers of government in which power is divided between the Common- wealth and the States . In this , it follows the United States model . Although Australia also has ...
الصفحة 16
... wanted a process that involved a third party - often now called an " independent umpire " - with authority to step in and seek to resolve industrial disputes . This would be done first by bringing the parties together to assist them ...
... wanted a process that involved a third party - often now called an " independent umpire " - with authority to step in and seek to resolve industrial disputes . This would be done first by bringing the parties together to assist them ...
الصفحة 19
Hence they were prepared to resolve disputes by making awards that applied to each employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the Arbitration Court could not simply ...
Hence they were prepared to resolve disputes by making awards that applied to each employer that had been a " respondent " to ( ie , involved in ) the dispute . Unlike its State counterparts , the Arbitration Court could not simply ...
الصفحة 23
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 provisions apply to workers ...
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 provisions apply to workers ...
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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 |