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 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