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 11
... fact that the Commonwealth had no intention of raising any revenue did not prevent the Court from characterising the training levy as a law about taxation . Thirdly , and with only a few exceptions , the Court has refused to interpret ...
... fact that the Commonwealth had no intention of raising any revenue did not prevent the Court from characterising the training levy as a law about taxation . Thirdly , and with only a few exceptions , the Court has refused to interpret ...
الصفحة 18
... fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception ...
... fact have a range of other legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception ...
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... fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards . The most important ...
... fact that the States ( unlike the Commonwealth ) had a general power to make laws also meant that they could estabrish minimum standards on matters that either were not , or might not be , covered by federal awards . The most important ...
الصفحة 22
... fact the Commonwealth has long sought to influence labour market outcomes in the name of macro - economic policy , even where it might not have been able to legislate for those outcomes . The most obvious example was the Commonwealth's ...
... fact the Commonwealth has long sought to influence labour market outcomes in the name of macro - economic policy , even where it might not have been able to legislate for those outcomes . The most obvious example was the Commonwealth's ...
الصفحة 40
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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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act