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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الصفحة 10
Nor is it relevant that the principal concern or motive of the legislators may have been to regulate the latter subject . Take for instance the superannuation guarantee legislation enacted in 1992. 10 Work Choices.
Nor is it relevant that the principal concern or motive of the legislators may have been to regulate the latter subject . Take for instance the superannuation guarantee legislation enacted in 1992. 10 Work Choices.
الصفحة 19
But as long as the union was aware of a relevant employer , that employer could be " roped - in " to a dispute before the Court and thus made a respondent to the award . Periodically , the union would seek a variation to the award ...
But as long as the union was aware of a relevant employer , that employer could be " roped - in " to a dispute before the Court and thus made a respondent to the award . Periodically , the union would seek a variation to the award ...
الصفحة 28
Under that test , no agreement should be registered if it left work- ers any worse off on balance than they would have been under the relevant award . In 1996 , the Howard Government strengthened the emphasis on agreement - making still ...
Under that test , no agreement should be registered if it left work- ers any worse off on balance than they would have been under the relevant award . In 1996 , the Howard Government strengthened the emphasis on agreement - making still ...
الصفحة 44
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الصفحة 51
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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 |