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 24
... award that had effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 ...
... award that had effect throughout Victoria or the Territories . This would not have been possible under the arbitration power . Similarly , an agreement regulating employment conditions could be registered by any employer that was a 24 ...
الصفحة 26
... awards . Within this award sector , there were many local collective agreements that dealt with enterprise - speci- fic issues , but these were generally informal . Many employees also received over - award payments , whether by ...
... awards . Within this award sector , there were many local collective agreements that dealt with enterprise - speci- fic issues , but these were generally informal . Many employees also received over - award payments , whether by ...
الصفحة 27
... Award - covered workers who do not have agreements , espe- cially in smaller businesses and community organisations , are often forced to rely on " safety net " award adjustments to obtain wage increases . Direct statutory regulation of ...
... Award - covered workers who do not have agreements , espe- cially in smaller businesses and community organisations , are often forced to rely on " safety net " award adjustments to obtain wage increases . Direct statutory regulation of ...
الصفحة 28
... award regulation was retained , awards were now to assume a secondary role as a " safety net " . They still applied to workers who had not negotiated an agreement . But they also set a benchmark for bargaining through the " no ...
... award regulation was retained , awards were now to assume a secondary role as a " safety net " . They still applied to workers who had not negotiated an agreement . But they also set a benchmark for bargaining through the " no ...
الصفحة 29
... award conditions . And in any event many unions , with the assistance of the Keating Government , shifted to federal award coverage . With the passage of the federal reforms in 1996 , the Victorian government decided to dispense with ...
... award conditions . And in any event many unions , with the assistance of the Keating Government , shifted to federal award coverage . With the passage of the federal reforms in 1996 , the Victorian government decided to dispense with ...
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