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 12
Andrew Stewart, George Williams. legislate in areas formerly under State control is , according to the long accepted ... area of Commonwealth - State finances . In federal systems , who controls the purse strings can matter even more than ...
Andrew Stewart, George Williams. legislate in areas formerly under State control is , according to the long accepted ... area of Commonwealth - State finances . In federal systems , who controls the purse strings can matter even more than ...
الصفحة 13
... areas of activity and had become financially dependent on Commonwealth funding . Such a pattern of federa- lism had been developed over many decades on the back of clear High Court precedents favouring a broad interpretation of Com ...
... areas of activity and had become financially dependent on Commonwealth funding . Such a pattern of federa- lism had been developed over many decades on the back of clear High Court precedents favouring a broad interpretation of Com ...
الصفحة 17
... areas of regulation that can today be seen to bear on the labour market , only the control of immigration and the capacity to fix taxes were obviously allocated to the Commonwealth . Even then the latter power was to be shared with the ...
... areas of regulation that can today be seen to bear on the labour market , only the control of immigration and the capacity to fix taxes were obviously allocated to the Commonwealth . Even then the latter power was to be shared with the ...
الصفحة 20
... areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also common for employers to be subject to State laws on matters such as public holidays and long service ...
... areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also common for employers to be subject to State laws on matters such as public holidays and long service ...
الصفحة 22
... 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 imposed on universities and on any ...
... 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 imposed on universities and on any ...
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