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 2
... a majority of the Court ruled that the Commonwealth could prevent a State authority from damaging the environment , even though the Com- monwealth had no express power in the Constitution to legislate on environmental protection .
... a majority of the Court ruled that the Commonwealth could prevent a State authority from damaging the environment , even though the Com- monwealth had no express power in the Constitution to legislate on environmental protection .
الصفحة 3
Before the Work Choices case a majority of the High Court had moved beyond the narrow view , but had yet to accept the broad view of the power . Now the Commonwealth was asking the Court to take that step and rule that the power would ...
Before the Work Choices case a majority of the High Court had moved beyond the narrow view , but had yet to accept the broad view of the power . Now the Commonwealth was asking the Court to take that step and rule that the power would ...
الصفحة 4
The majority of the Court comprised Chief Justice Murray Gleeson and Justices William Gummow , Kenneth Hayne , Dyson Heydon and Susan Crennan . They found the Work Choices legis- lation to be valid in every respect .
The majority of the Court comprised Chief Justice Murray Gleeson and Justices William Gummow , Kenneth Hayne , Dyson Heydon and Susan Crennan . They found the Work Choices legis- lation to be valid in every respect .
الصفحة 5
They stand in marked contrast to the dry and technical tone of the majority judgment . Chapters 6 to 11 of this book set out edited extracts from each of the judgments on the key issues raised in the case .
They stand in marked contrast to the dry and technical tone of the majority judgment . Chapters 6 to 11 of this book set out edited extracts from each of the judgments on the key issues raised in the case .
الصفحة 10
By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied in determining whether a law is with respect to a head of legislative power are well settled " .
By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied in determining whether a law is with respect to a head of legislative power are well settled " .
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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 |