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 1
... 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 trade unions , academics and many religious and community ...
... 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 trade unions , academics and many religious and community ...
الصفحة 2
... Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least three - quarters of the workforce . The main power used by the Commonwealth as the basis 2 Work Choices.
... Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least three - quarters of the workforce . The main power used by the Commonwealth as the basis 2 Work Choices.
الصفحة 14
... least key issues such as wages . But under section 128 of the Constitution , no amendment can be made with- out the support of a majority of voters in a majority of States . On seven different occasions , in 1911 , 1913 , 1919 , 1926 ...
... least key issues such as wages . But under section 128 of the Constitution , no amendment can be made with- out the support of a majority of voters in a majority of States . On seven different occasions , in 1911 , 1913 , 1919 , 1926 ...
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
... least in the federal and some State jurisdictions . Award - covered workers who do not have agreements , espe- cially in smaller businesses and community organisations , are often forced to rely on " safety net " award adjustments to ...
... least in the federal and some State jurisdictions . Award - covered workers who do not have agreements , espe- cially in smaller businesses and community organisations , are often forced to rely on " safety net " award adjustments to ...
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