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
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 controversial and hotly debated law . Lauded by business groups but denounced by ...
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 controversial and hotly debated law . Lauded by business groups but denounced by ...
الصفحة 2
ALP governments in every State and Territory , as well as several unions , were endeavouring in the Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least ...
ALP governments in every State and Territory , as well as several unions , were endeavouring in the Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least ...
الصفحة 14
There have also been proposals to amend the Constitution to give the Commonwealth a more general power to regulate indus- trial relations , or at least key issues such as wages . But under section 128 of the Constitution , no amendment ...
There have also been proposals to amend the Constitution to give the Commonwealth a more general power to regulate indus- trial relations , or at least key issues such as wages . But under section 128 of the Constitution , no amendment ...
الصفحة 20
But for most of the 20th century , at least after the initial period of expansion , the federal tribunal's practice was to defer to established State coverage . This changed during the 1980s , and in particular the 20 Work Choices.
But for most of the 20th century , at least after the initial period of expansion , the federal tribunal's practice was to defer to established State coverage . This changed during the 1980s , and in particular the 20 Work Choices.
الصفحة 27
There is now a limited right to take industrial action in seeking to negotiate such agreements , at least in the federal and some State jurisdictions . Award - covered workers who do not have agreements , espe- cially in smaller ...
There is now a limited right to take industrial action in seeking to negotiate such agreements , at least in the federal and some State jurisdictions . Award - covered workers who do not have agreements , espe- cially in smaller ...
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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 |