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 12
As a result of these decisions , the States today do not raise income taxes . Nor can they impose their own indirect taxes on goods like a GST . In short , their financial position is dire because they cannot raise anywhere near the ...
As a result of these decisions , the States today do not raise income taxes . Nor can they impose their own indirect taxes on goods like a GST . In short , their financial position is dire because they cannot raise anywhere near the ...
الصفحة 13
As a result , the States have turned to new sources of taxation , such as on gambling . But they remain heavily dependent on Com- monwealth grants , including $ 45 billion in GST money . In the case of New South Wales , federal handouts ...
As a result , the States have turned to new sources of taxation , such as on gambling . But they remain heavily dependent on Com- monwealth grants , including $ 45 billion in GST money . In the case of New South Wales , federal handouts ...
الصفحة 14
The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that ...
The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited in ways that ...
الصفحة 18
But this was only as a result of an amendment to the Constitution in 1946 - one of the few times the Constitution has been successfully changed . As we will see , the Commonwealth Parliament does in fact have a range of other ...
But this was only as a result of an amendment to the Constitution in 1946 - one of the few times the Constitution has been successfully changed . As we will see , the Commonwealth Parliament does in fact have a range of other ...
الصفحة 19
The dispute that resulted from the rejection of these claims would then be notified to the Court of Conciliation and Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes ...
The dispute that resulted from the rejection of these claims would then be notified to the Court of Conciliation and Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes ...
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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