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 9
... suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court identi- fied two specific limitations which it ...
... suggested that there were things the Commonwealth could not validly do without threatening the federal nature of the Consti- tution . In the Melbourne Corporation case ( 1947 ) , the Court identi- fied two specific limitations which it ...
الصفحة 23
... power under section 51 ( 1 ) of the Consti- tution . This use of the " trade and commerce power " was most recently approved in CSL ( 2003 ) . Decisions such as Pidoto and CSL suggested that the Com- 23 Labour Relations and the ...
... power under section 51 ( 1 ) of the Consti- tution . This use of the " trade and commerce power " was most recently approved in CSL ( 2003 ) . Decisions such as Pidoto and CSL suggested that the Com- 23 Labour Relations and the ...
الصفحة 24
Andrew Stewart, George Williams. Decisions such as Pidoto and CSL suggested that the Com- monwealth was not confined to regulating employment and industrial matters in the manner suggested by the constricted terms of section 51 ( 35 ) ...
Andrew Stewart, George Williams. Decisions such as Pidoto and CSL suggested that the Com- monwealth was not confined to regulating employment and industrial matters in the manner suggested by the constricted terms of section 51 ( 35 ) ...
الصفحة 39
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الصفحة 49
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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