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 18
... employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception of laws relating to the Common- wealth's own workforce . The clear assumption of most ...
... employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception of laws relating to the Common- wealth's own workforce . The clear assumption of most ...
الصفحة 20
... employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was formally measured by the Australian Bureau of Statistics , there ...
... employment relationship , the federal instrument would prevail , as dictated by section 109 of the Constitution . Nevertheless by 1990 , the last time award coverage was formally measured by the Australian Bureau of Statistics , there ...
الصفحة 21
... employment relationships covered by federal awards might in some instances be the subject of State - registered agreements . Beyond that , there were situations in which parties might be able to exercise some choice as to whether to ...
... employment relationships covered by federal awards might in some instances be the subject of State - registered agreements . Beyond that , there were situations in which parties might be able to exercise some choice as to whether to ...
الصفحة 23
... employment discrimination . The Racial Discrimination Act 1975 , the Sex Dis- crimination Act 1984 , the Disability Discrimination Act 1992 and the Age Discrimination Act 2004 are all based on United Nations or International Labour ...
... employment discrimination . The Racial Discrimination Act 1975 , the Sex Dis- crimination Act 1984 , the Disability Discrimination Act 1992 and the Age Discrimination Act 2004 are all based on United Nations or International Labour ...
الصفحة 24
... employment and industrial matters in the manner suggested by the constricted terms of section 51 ( 35 ) . If it wished to prescribe employment conditions directly , or regulate industrial relations in a way that did not involve ...
... employment and industrial matters in the manner suggested by the constricted terms of section 51 ( 35 ) . If it wished to prescribe employment conditions directly , or regulate industrial relations in a way that did not involve ...
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