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 11
... 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is , according 11 Australia's Federal System.
... 2544 international instruments , the possible uses of the external affairs power remain enormous . The fact that it can be used to legislate in areas formerly under State control is , according 11 Australia's Federal System.
الصفحة 16
... Indeed within a few years each of the ( now ) States embraced the concept of having a standing tribunal to deal with disputes and regulate working conditions . It is possible that had the terms " conciliation and 16 Work Choices.
... Indeed within a few years each of the ( now ) States embraced the concept of having a standing tribunal to deal with disputes and regulate working conditions . It is possible that had the terms " conciliation and 16 Work Choices.
الصفحة 17
Andrew Stewart, George Williams. It is possible that had the terms " conciliation and arbitration " not been written into the Constitution , this form of regulation might at some stage have withered away . Other countries had ...
Andrew Stewart, George Williams. It is possible that had the terms " conciliation and arbitration " not been written into the Constitution , this form of regulation might at some stage have withered away . Other countries had ...
الصفحة 18
... possible , rather than waiting for disputes to occur spontaneously . The method was simple . A union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who employed workers ...
... possible , rather than waiting for disputes to occur spontaneously . The method was simple . A union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who employed workers ...
الصفحة 24
... effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 Work Choices.
... effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 Work Choices.
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