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 15
... powers to the Commonwealth . But if this did not occur , he said , the government would " move towards a national system by relying on the Corporations power in the Constitution " . The Work Choices Act , which passed through Parliament ...
... powers to the Commonwealth . But if this did not occur , he said , the government would " move towards a national system by relying on the Corporations power in the Constitution " . The Work Choices Act , which passed through Parliament ...
الصفحة 24
... power . Before Work Choices , the use of such alternative powers had not resulted in any radical recasting of ... corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was ...
... power . Before Work Choices , the use of such alternative powers had not resulted in any radical recasting of ... corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was ...
الصفحة 35
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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 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