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 v
As with that work , we have presented extracts from the High Court's judgments so that readers can see exactly what the judges had to say . The extracts are arranged over a series of chapters that deal with separate aspects of the case ...
As with that work , we have presented extracts from the High Court's judgments so that readers can see exactly what the judges had to say . The extracts are arranged over a series of chapters that deal with separate aspects of the case ...
الصفحة 3
The full scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power .
The full scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power .
الصفحة 4
The majority judges accepted the Commonwealth's submissions that the corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the ...
The majority judges accepted the Commonwealth's submissions that the corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the ...
الصفحة 8
The High Court as first appointed in October 1903 consisted of only three judges , Chief Justice Samuel Griffith and Justices Edmund Barton and Richard O'Connor . In formulating these doctrines they saw themselves as developing a model ...
The High Court as first appointed in October 1903 consisted of only three judges , Chief Justice Samuel Griffith and Justices Edmund Barton and Richard O'Connor . In formulating these doctrines they saw themselves as developing a model ...
الصفحة 9
... the Commonwealth could not validly use its industrial arbitration power to prescribe employment conditions for State ministers , judges or senior public servants , and nor could it tell a State how many people , or who , to employ .
... the Commonwealth could not validly use its industrial arbitration power to prescribe employment conditions for State ministers , judges or senior public servants , and nor could it tell a State how many people , or who , to employ .
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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 |