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
... federal systems , who controls the purse strings can matter even more than who has the power to pass laws . Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure ...
... federal systems , who controls the purse strings can matter even more than who has the power to pass laws . Without the money to fund programs and services , new laws may have little real effect . The Constitution was meant to secure ...
الصفحة 13
... a broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
... a broad interpretation of Com- monwealth power . The smart money then was always on the Commonwealth to win the Work Choices case . Chapter 3 Labour Relations and the Constitution For as long 13 Australia's Federal System.
الصفحة 14
... systems of regulation at both federal and State levels . Various attempts have been made over the years to address the difficulties posed by this framework . In 1929 the Bruce Govern- ment proposed that the federal system be abolished ...
... systems of regulation at both federal and State levels . Various attempts have been made over the years to address the difficulties posed by this framework . In 1929 the Bruce Govern- ment proposed that the federal system be abolished ...
الصفحة 15
... federal workplace relations legislation . But rather than amend the Constitution , the government has called on ... system of regulation as " the next logical step towards a workplace relations system that supports greater freedom ...
... federal workplace relations legislation . But rather than amend the Constitution , the government has called on ... system of regulation as " the next logical step towards a workplace relations system that supports greater freedom ...
الصفحة 18
... federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal government over econo- mic and financial affairs ; in more recent times , successful attempts by the Common- wealth to push ...
... federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the federal government over econo- mic and financial affairs ; in more recent times , successful attempts by the Common- wealth to push ...
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 AIRC ambit Amending Act applied argument Australian Football League challenge characterised Choices legislation conciliation and arbitration Consti constitutional corporations construed corporations power decision Dingjan doctrine effect enacted Executive Government expressed external affairs power federal award federal balance federal law Federal Parliament federal system employers financial corporations foreign corporations framers GLEESON CJ GUMMOW head of power High Court Howard Government Huddart Parker incorporated industrial affairs industrial arbitration power industrial disputes intended interpretation interstate invalid issue joint reasons juristic persons Justice Callinan Justice Kirby labour regulation law with respect legislative power limits majority ment monwealth Pacific Coal particular plaintiffs power in section provisions reference reforms rejected relationships relevant reserved State powers respect to constitutional restriction or qualification Sched scope South Australia submissions Tasmanian Dam Territory trading corporations trading or financial tution unions validity Victoria Western Australia workers workplace agreements Workplace Relations Act