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 vii
... Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The ...
... Scope of the Corporations Power 689 43 69 The Relationship Between the Corporations Power and the Industrial Arbitration Power 101 9 Excluding State Laws 129 10 Making Law Through Regulations 135 11 Other Issues 142 Part III The ...
الصفحة 3
... scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power . For them , the ...
... scope of the corporations power had not been defini- tively established , with various High Court judges over the years expressing a range of opinions on the matter . Some judges had taken a narrow view of the power . For them , the ...
الصفحة 15
... scope of federal workplace relations legislation . But rather than amend the Constitution , the government has called on existing powers - powers that those who drafted the Constitution would not have envisaged being used for this ...
... scope of federal workplace relations legislation . But rather than amend the Constitution , the government has called on existing powers - powers that those who drafted the Constitution would not have envisaged being used for this ...
الصفحة 16
... scope . It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
... scope . It authorised the Commonwealth to make laws with respect to " conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State " . The wording reflected two ...
الصفحة 18
... scope of the federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal government over econo- mic and financial affairs ; in more recent times , successful attempts by the Common ...
... scope of the federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal government over econo- mic and financial affairs ; in more recent times , successful attempts by the Common ...
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