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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Although this was not always explicit in their submissions , they were in effect asking the Court to recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the ...
Although this was not always explicit in their submissions , they were in effect asking the Court to recognise that the " federal balance " would be disturbed if the Commonwealth could use its corporations power as broadly as the ...
الصفحة 4
The majority judges accepted the Commonwealth's submissions that the corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the ...
The majority judges accepted the Commonwealth's submissions that the corporations power should be given a broad interpretation . They rejected any sugges- tion that they should have regard to some kind of federal balance implicit in the ...
الصفحة 22
There were occasionally times when its submissions were rebuffed . But more often than not it was able to get its way . This was particularly the case with the Hawke and Keating Governments during the years in which they had a formal ...
There were occasionally times when its submissions were rebuffed . But more often than not it was able to get its way . This was particularly the case with the Hawke and Keating Governments during the years in which they had a formal ...
الصفحة 31
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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 |