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 3
... matter . Some judges had taken a narrow view of the power . For them , the clue was in the categories of corporations specified as being within power : " foreign corporations " , and Australian - based " trading " or " financial ...
... matter . Some judges had taken a narrow view of the power . For them , the clue was in the categories of corporations specified as being within power : " foreign corporations " , and Australian - based " trading " or " financial ...
الصفحة 7
... matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe the legislative power of the Commonwealth Parliament . What was ...
... matters was added by referendum in 1946 ) . These areas are listed in section 51 of the Constitution , with a few additional matters set out in section 52. They describe the legislative power of the Commonwealth Parliament . What was ...
الصفحة 10
... matter that it can also be characterised as being about a subject that falls outside those heads . Nor is it relevant that the principal concern or motive of the legislators may have been to regulate the latter subject . Take for ...
... matter that it can also be characterised as being about a subject that falls outside those heads . Nor is it relevant that the principal concern or motive of the legislators may have been to regulate the latter subject . Take for ...
الصفحة 12
... matter even more than who has the power to pass laws . Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure the States ' financial position and independence . At ...
... matter even more than who has the power to pass laws . Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure the States ' financial position and independence . At ...
الصفحة 16
... matters . Even then the final votes in favour of Kingston's amendment to the draft Constitution were delivered , ironically enough , by a Western Australian delegation who at that stage had real doubts about their own colony joining the ...
... matters . Even then the final votes in favour of Kingston's amendment to the draft Constitution were delivered , ironically enough , by a Western Australian delegation who at that stage had real doubts about their own colony joining the ...
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