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 26
... agreements that dealt with enterprise - speci- fic issues , but these were generally informal . Many employees also received over - award payments , whether by individual or collective agreement . Most of those outside the award sector ...
... agreements that dealt with enterprise - speci- fic issues , but these were generally informal . Many employees also received over - award payments , whether by individual or collective agreement . Most of those outside the award sector ...
الصفحة 27
... agreements that prevail over awards and that generally provide for periodic wage rises . Some of these agreements are individual Australian Work- place Agreements ( AWAs ) , though they cover no more than 4 per cent ( if that ) of all ...
... agreements that prevail over awards and that generally provide for periodic wage rises . Some of these agreements are individual Australian Work- place Agreements ( AWAs ) , though they cover no more than 4 per cent ( if that ) of all ...
الصفحة 28
... agreements and register them with the Australian Industrial Relations Commission ( AIRC ) . Crucially , the AIRC's power to determine whether such agreements were in the public interest was removed . Henceforth , if an agreement met the ...
... agreements and register them with the Australian Industrial Relations Commission ( AIRC ) . Crucially , the AIRC's power to determine whether such agreements were in the public interest was removed . Henceforth , if an agreement met the ...
الصفحة 29
... agreements . However , few businesses bothered to make these agreements . Most were content to operate simply according to the default standards enshrined in the legislation , which included a frozen version of the previous award ...
... agreements . However , few businesses bothered to make these agreements . Most were content to operate simply according to the default standards enshrined in the legislation , which included a frozen version of the previous award ...
الصفحة 33
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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