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 vi
... barrister and has appeared in the High Court of Australia and the Supreme Court of Fiji . He is regular commentator in the media on issues of public law and the High Court . Preface Abbreviations Cases Contents Part I Background V viii ix.
... barrister and has appeared in the High Court of Australia and the Supreme Court of Fiji . He is regular commentator in the media on issues of public law and the High Court . Preface Abbreviations Cases Contents Part I Background V viii ix.
الصفحة vii
... Issues 142 Part III The Implications 12 What It Means for Labour Relations 13 What It Means for Federation 152 166 Extracts from the Australian Constitution 176 Select Bibliography 180 Index 182 vii Abbreviations ACTU AFPC AIRC ...
... Issues 142 Part III The Implications 12 What It Means for Labour Relations 13 What It Means for Federation 152 166 Extracts from the Australian Constitution 176 Select Bibliography 180 Index 182 vii Abbreviations ACTU AFPC AIRC ...
الصفحة 2
... issues as to the relationship between the Commonwealth and the States under the Australian Constitution . In 1920 , in the Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since ...
... issues as to the relationship between the Commonwealth and the States under the Australian Constitution . In 1920 , in the Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since ...
الصفحة 5
... issues raised in the case . This is followed by an analysis of the implications of the decision , both for the ... issue of labour regulation and how that has led to an uneasy and unstable mixture of State and federal legislation ...
... issues raised in the case . This is followed by an analysis of the implications of the decision , both for the ... issue of labour regulation and how that has led to an uneasy and unstable mixture of State and federal legislation ...
الصفحة 6
... issues included questions of finance and trade , and how best to weigh the interests of the small States against those of the more populous States in the new national Parliament . Many of the framers were also concerned to maintain the ...
... issues included questions of finance and trade , and how best to weigh the interests of the small States against those of the more populous States in the new national Parliament . Many of the framers were also concerned to maintain 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 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