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
... ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the case raised fundamental issues as to the relationship between ...
... ment's plans for labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the case raised fundamental issues as to the relationship between ...
الصفحة 4
... ment " . If this Court did not " fulfil its protective role under the Constitution " , he asked , " what other governmental institution will do so ? " It was time , he said , to " rediscover the essential federal character of the ...
... ment " . If this Court did not " fulfil its protective role under the Constitution " , he asked , " what other governmental institution will do so ? " It was time , he said , to " rediscover the essential federal character of the ...
الصفحة 14
... ment proposed that the federal system be abolished and that the field be left to the States , a move that led to an election at which it lost office . There have also been proposals to amend the Constitution to give the Commonwealth a ...
... ment proposed that the federal system be abolished and that the field be left to the States , a move that led to an election at which it lost office . There have also been proposals to amend the Constitution to give the Commonwealth a ...
الصفحة 16
... ment an express power to legislate on labour 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 ...
... ment an express power to legislate on labour 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 ...
الصفحة 21
... ment that covered them . This was especially true of workers pursuing claims in relation to dismissal or discriminatory treat- ment , but also with employers seeking to restrain workers from taking industrial action . Financial Powers ...
... ment that covered them . This was especially true of workers pursuing claims in relation to dismissal or discriminatory treat- ment , but also with employers seeking to restrain workers from taking industrial action . Financial 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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act