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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In 1920 , in the Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since then , the States have had to contend with a Court willing to take an expansive view of the legislative ...
In 1920 , in the Engineers case , the High Court rejected the notion that certain powers are " reserved " for the States . Since then , the States have had to contend with a Court willing to take an expansive view of the legislative ...
الصفحة 4
They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian Callinan would each have found the ...
They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the Constitution . Two judges gave separate dissenting judgments . Justices Michael Kirby and Ian Callinan would each have found the ...
الصفحة 10
This qualification has had little bite since the rejection of any notion of federal balance in the Engineers case . By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied ...
This qualification has had little bite since the rejection of any notion of federal balance in the Engineers case . By the time of the Work Choices case the majority judges were able to state that the " general principles to be applied ...
الصفحة 18
... log of claims " and send it to as many employ- ers as it could find who employed workers eligible to belong to the union . The demands would be of outrageous scope ( " ambit claims " ) so as to ensure they were rejected 18 Work Choices.
... log of claims " and send it to as many employ- ers as it could find who employed workers eligible to belong to the union . The demands would be of outrageous scope ( " ambit claims " ) so as to ensure they were rejected 18 Work Choices.
الصفحة 19
claims " ) so as to ensure they were rejected . The union would also be careful to contact employers in more than one State at a time . The dispute that resulted from the rejection of these claims would then be notified to the Court of ...
claims " ) so as to ensure they were rejected . The union would also be careful to contact employers in more than one State at a time . The dispute that resulted from the rejection of these claims would then be notified to the Court of ...
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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 |