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 17
... Common- wealth has not chosen to make laws . In the case of industrial conflict , the framers of the Constitu- tion had quite carefully limited the Commonwealth to dealing with interstate disputes , and then only through a mechanism ...
... Common- wealth has not chosen to make laws . In the case of industrial conflict , the framers of the Constitu- tion had quite carefully limited the Commonwealth to dealing with interstate disputes , and then only through a mechanism ...
الصفحة 18
... Common- wealth's own workforce . The clear assumption of most delegates to the Conventions was that the States would have primary responsibility for employment and industrial regulation . That matters did not turn out as originally ...
... Common- wealth's own workforce . The clear assumption of most delegates to the Conventions was that the States would have primary responsibility for employment and industrial regulation . That matters did not turn out as originally ...
الصفحة 19
... common rule " award that applied to everyone employing the relevant type of labour . Each employer bound by a federal award must have been involved in or had some connection to the original dispute . But as long as the union was aware ...
... common rule " award that applied to everyone employing the relevant type of labour . Each employer bound by a federal award must have been involved in or had some connection to the original dispute . But as long as the union was aware ...
الصفحة 20
... common for employers to be subject to State laws on matters such as public holidays and long service leave . The nature of the division of coverage presented a certain number of opportunities for " forum shopping " , but not perhaps as ...
... common for employers to be subject to State laws on matters such as public holidays and long service leave . The nature of the division of coverage presented a certain number of opportunities for " forum shopping " , but not perhaps as ...
الصفحة 21
... common in practice , employment relationships covered by federal awards might in some instances be the subject of State - registered agreements . Beyond that , there were situations in which parties might be able to exercise some choice ...
... common in practice , employment relationships covered by federal awards might in some instances be the subject of State - registered agreements . Beyond that , there were situations in which parties might be able to exercise some choice ...
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