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 vi
Andrew has played a prominent role in the public debate over the Work Choices legis- lation , and has spoken and written widely about its implications for businesses , workers and unions . George Williams is one of Australia's leading ...
Andrew has played a prominent role in the public debate over the Work Choices legis- lation , and has spoken and written widely about its implications for businesses , workers and unions . George Williams is one of Australia's leading ...
الصفحة viii
Abbreviations ACTU AFPC AIRC Australian Council of Trade Unions Australian Fair Pay Commission Australian Industrial Relations Commission ALP Australian Labor Party AWA Australian Workplace Agreement AWU ILO Australian Workers Union ...
Abbreviations ACTU AFPC AIRC Australian Council of Trade Unions Australian Fair Pay Commission Australian Industrial Relations Commission ALP Australian Labor Party AWA Australian Workplace Agreement AWU ILO Australian Workers Union ...
الصفحة 18
A union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who employed workers eligible to belong to the union . The demands would be of outrageous scope ( " ambit claims ...
A union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who employed workers eligible to belong to the union . The demands would be of outrageous scope ( " ambit claims ...
الصفحة 19
There were also some workers ( such as schoolteachers ) who were excluded from federal cover- age by the High Court . Until the Social Welfare case in 1983 , the Court took the view that only disputes that occurred in an " industry ...
There were also some workers ( such as schoolteachers ) who were excluded from federal cover- age by the High Court . Until the Social Welfare case in 1983 , the Court took the view that only disputes that occurred in an " industry ...
الصفحة 20
So while some workers had their wages and conditions regulated by the federal tribunal , the State tribunals continued to make and vary their own awards . The practice developed of deferring to the federal tribunal on major decisions ...
So while some workers had their wages and conditions regulated by the federal tribunal , the State tribunals continued to make and vary their own awards . The practice developed of deferring to the federal tribunal on major decisions ...
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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