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 2
... power to pass that legis- lation . But given the depth of feeling over the new laws , some saw the High Court case ... legislative powers granted to the Com- monwealth . At key points over the past century , the High Court has permitted ...
... power to pass that legis- lation . But given the depth of feeling over the new laws , some saw the High Court case ... legislative powers granted to the Com- monwealth . At key points over the past century , the High Court has permitted ...
الصفحة 3
Andrew Stewart, George Williams. The main power used by the Commonwealth as the basis for the Work Choices legislation was the corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make ...
Andrew Stewart, George Williams. The main power used by the Commonwealth as the basis for the Work Choices legislation was the corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make ...
الصفحة 5
... legislation would " subvert the Consti- tution and the delicate distribution or balancing of powers which it contemplates " . To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent ...
... legislation would " subvert the Consti- tution and the delicate distribution or balancing of powers which it contemplates " . To take so broad a view of the corporations power might reduce the Parliament of each State to " an impotent ...
الصفحة 7
... power is divided by the Constitution . As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These ...
... power is divided by the Constitution . As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These ...
الصفحة 10
... legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth powers ...
... legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth powers ...
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