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 vi
George also practises as a 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 .
George also practises as a 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 .
الصفحة vii
... Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The Implications 12 ...
... Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The Implications 12 ...
الصفحة 2
But in a broader sense , the case raised fundamental 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 ...
But in a broader sense , the case raised fundamental 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 ...
الصفحة 5
Chapters 6 to 11 of this book set out edited extracts from each of the judgments on the key issues raised in the case ... We will then look at the peculiar way in which the Constitution deals with the issue of labour regulation and how ...
Chapters 6 to 11 of this book set out edited extracts from each of the judgments on the key issues raised in the case ... We will then look at the peculiar way in which the Constitution deals with the issue of labour regulation and how ...
الصفحة 6
The key 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 ...
The key 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 ...
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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