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 5
... decision , both for the regulation of labour relations and more broadly for the Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we ...
... decision , both for the regulation of labour relations and more broadly for the Australian federation . But before getting to the details of the decision itself , it is necessary to explain the background to the case . To do that we ...
الصفحة 8
... decision in the Engineers case . That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to ...
... decision in the Engineers case . That decision not only transformed the structural framework of Commonwealth - State relations , it also established a new approach to constitutional inter- pretation that continues to this day to ...
الصفحة 12
... decisions has favoured a broad reading of federal power at the expense of the Australian States . This has been ... decision of the High Court in Ha ( 1997 ) . In that case the High Court struck down excise duties levied by the ...
... decisions has favoured a broad reading of federal power at the expense of the Australian States . This has been ... decision of the High Court in Ha ( 1997 ) . In that case the High Court struck down excise duties levied by the ...
الصفحة 15
... decision on its validity . Framing the Constitution To understand where the parallel coverage of labour relations originated , we must go back to the constitutional debates of the 1890s . It was only at the very last Constitutional ...
... decision on its validity . Framing the Constitution To understand where the parallel coverage of labour relations originated , we must go back to the constitutional debates of the 1890s . It was only at the very last Constitutional ...
الصفحة 16
... deciding between them ( arbitration ) . Kingston and other colonial leaders of the day , including William Pember Reeves in New Zealand , had already championed the use of this method of dispute resolution within their own jurisdictions ...
... deciding between them ( arbitration ) . Kingston and other colonial leaders of the day , including William Pember Reeves in New Zealand , had already championed the use of this method of dispute resolution within their own jurisdictions ...
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