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 2
... labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the case raised fundamental issues as to the relationship between the Commonwealth ...
... labour market reform . The High Court's verdict was eagerly awaited by everyone with a view on the Work Choices legislation . But in a broader sense , the case raised fundamental issues as to the relationship between the Commonwealth ...
الصفحة 5
... 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 will describe the way powers are divided ...
... 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 will describe the way powers are divided ...
الصفحة 13
... 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.
... 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
... labour market . The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited ...
... labour market . The debates over the proposed Australian Constitution in the 1890s resulted in a compromise that saw the Commonwealth given only a partial power to deal with industrial disputation . That power was ultimately exploited ...
الصفحة 15
... labour relations . The story is a complex one . But an understand- ing of the historical and constitutional background is important in making sense of the Work Choices legislation and the High Court's decision on its validity . Framing ...
... labour relations . The story is a complex one . But an understand- ing of the historical and constitutional background is important in making sense of the Work Choices legislation and the High Court's decision on its validity . Framing ...
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