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 15
... workplace relations legislation . But rather than amend the Constitution , the government has called on existing powers - powers that those who drafted the Constitution would not have envisaged being used for this purpose . In his ...
... workplace relations legislation . But rather than amend the Constitution , the government has called on existing powers - powers that those who drafted the Constitution would not have envisaged being used for this purpose . In his ...
الصفحة 17
... employment or industrial relations . In particular , no general power was granted to the Commonwealth to fix wages or to stipulate minimum conditions on matters such as working hours , leave , workplace safety , pensions or the like ...
... employment or industrial relations . In particular , no general power was granted to the Commonwealth to fix wages or to stipulate minimum conditions on matters such as working hours , leave , workplace safety , pensions or the like ...
الصفحة 19
... workplace . But the early judges of the Court took the view that it was in the public interest for minimum conditions to be standardised ... workers had their wages and conditions regulated 19 Labour Relations and the Constitution.
... workplace . But the early judges of the Court took the view that it was in the public interest for minimum conditions to be standardised ... workers had their wages and conditions regulated 19 Labour Relations and the Constitution.
الصفحة 21
... relation to the making of agreements that set wages and working conditions . An employer could generally register an enterprise agreement that would have effect under the federal legislation ... Labour Relations and the Constitution.
... relation to the making of agreements that set wages and working conditions . An employer could generally register an enterprise agreement that would have effect under the federal legislation ... Labour Relations and the Constitution.
الصفحة 22
... employers . Indeed this is just one of the areas in which the Howard Government has used its financial muscle to impose its preferred view of labour market arrangements . This is evident from the " workplace relations requirements " now ...
... employers . Indeed this is just one of the areas in which the Howard Government has used its financial muscle to impose its preferred view of labour market arrangements . This is evident from the " workplace relations requirements " now ...
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