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
Andrew Stewart, George Williams. The main power used by the Commonwealth as the basis for the Work Choices legislation was the corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make ...
Andrew Stewart, George Williams. The main power used by the Commonwealth as the basis for the Work Choices legislation was the corporations power in section 51 ( 20 ) of the Constitution . This power allows the Com- monwealth to make ...
الصفحة 7
... power and authority would be divided between them . This was achieved with a view to leaving the greater body of ... section 51 of the Constitution , with a few additional matters set out in section 52. They describe the ...
... power and authority would be divided between them . This was achieved with a view to leaving the greater body of ... section 51 of the Constitution , with a few additional matters set out in section 52. They describe the ...
الصفحة 11
... section 51 ( 2 ) lists " taxation " as a permissible sub- ject for legislation , and the superannuation guarantee ... power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in ...
... section 51 ( 2 ) lists " taxation " as a permissible sub- ject for legislation , and the superannuation guarantee ... power by reference to any concept of " mutual exclusiveness " . The fact that one head of power may be used in ...
الصفحة 12
... power at the expense of the Australian States . This has been punctuated with landmark deci- sions that have marked a greater than normal shift of authority ... Section 96 of the Constitution allows the Commonwealth to make grants on ...
... power at the expense of the Australian States . This has been punctuated with landmark deci- sions that have marked a greater than normal shift of authority ... Section 96 of the Constitution allows the Commonwealth to make grants on ...
الصفحة 14
... power to regulate indus- trial relations , or at least key issues such as wages . But under section 128 of the Constitution , no amendment can be made with- out the support of a majority of voters in a majority of States . On seven ...
... power to regulate indus- trial relations , or at least key issues such as wages . But under section 128 of the Constitution , no amendment can be made with- out the support of a majority of voters in a majority of States . On seven ...
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