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 3
This power allows the Com- monwealth to make laws relating to " foreign corporations , and trading or financial corporations formed within the limits of the Commonwealth " - collectively known as " constitutional corpora- tions " .
This power allows the Com- monwealth to make laws relating to " foreign corporations , and trading or financial corporations formed within the limits of the Commonwealth " - collectively known as " constitutional corpora- tions " .
الصفحة 8
In their place , the Court insisted that the correct way to interpret the Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any limits or other doctrines not found in that text .
In their place , the Court insisted that the correct way to interpret the Constitution is generally to give overriding precedence to the ordinary meaning of its text free from any limits or other doctrines not found in that text .
الصفحة 9
This is not to say that there no limits at all . Even in Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution .
This is not to say that there no limits at all . Even in Engineers , it was suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution .
الصفحة 11
... the Court has refused to interpret the various heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not ...
... the Court has refused to interpret the various heads of power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in such a way as to go beyond the limits of another power does not ...
الصفحة 16
It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
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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 |