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 1
... business groups but denounced by trade unions , academics and many religious and community leaders , the Work Choices legislation was the most radical shake - up of our industrial relations system in more than a century . It had ...
... business groups but denounced by trade unions , academics and many religious and community leaders , the Work Choices legislation was the most radical shake - up of our industrial relations system in more than a century . It had ...
الصفحة 5
... labour relations and more broadly for the Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we will describe the way powers are divided ...
... labour relations and more broadly for the Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we will describe the way powers are divided ...
الصفحة 8
... relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision ...
... relations , it also established a new approach to constitutional inter- pretation that continues to this day to dominate the work of the High Court . For the States , the Work Choices case was lost as far back as the Engineers decision ...
الصفحة 13
... broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
... broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
الصفحة 14
Andrew Stewart, George Williams. Chapter 3 Labour Relations and the Constitution For as long as Australia has been a nation , and indeed going back before federation , there has been controversy as to the respective roles of the ...
Andrew Stewart, George Williams. Chapter 3 Labour Relations and the Constitution For as long as Australia has been a nation , and indeed going back before federation , there has been controversy as to the respective roles of the ...
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