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
... arbitration " not been written into the Constitution , this form of regulation might at some stage have withered ... arbitration . Aside from the " industrial arbitration power " in section 51 ( 35 ) , there was no other legislative ...
... arbitration " not been written into the Constitution , this form of regulation might at some stage have withered ... arbitration . Aside from the " industrial arbitration power " in section 51 ( 35 ) , there was no other legislative ...
الصفحة 18
... Arbitration System Section 51 ( 35 ) was first used in 1904 to create a Court of Conciliation and Arbitration . This body had powers to prevent and settle interstate industrial disputes , either by making awards or by registering ...
... Arbitration System Section 51 ( 35 ) was first used in 1904 to create a Court of Conciliation and Arbitration . This body had powers to prevent and settle interstate industrial disputes , either by making awards or by registering ...
الصفحة 19
... Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes " as properly falling within the Court's jurisdiction . Even then , the Arbitration Court might have insisted on ...
... Arbitration as an interstate dispute . From 1913 onwards , the High Court was prepared to treat these " paper disputes " as properly falling within the Court's jurisdiction . Even then , the Arbitration Court might have insisted on ...
الصفحة 23
... arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High Court's willingness to interpret Commonwealth powers broadly , as described in the previous chapter . The power over " external affairs " , for instance ...
... arbitration power in section 51 ( 35 ) . This pro- cess has been aided by the High Court's willingness to interpret Commonwealth powers broadly , as described in the previous chapter . The power over " external affairs " , for instance ...
الصفحة 24
... arbitration , or concern itself with issues that arose within a single State , it could apparently do so . It was enough that the law in question had an appropriate link to a subject that fell within one of its other heads of power ...
... arbitration , or concern itself with issues that arose within a single State , it could apparently do so . It was enough that the law in question had an appropriate link to a subject that fell within one of its other heads of power ...
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