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 17
... matters specifically listed in the Constitution . The States have the residual power to legislate on matters that either fall outside federal authority , or on which the Common- wealth has not chosen to make laws . In the case of ...
... matters specifically listed in the Constitution . The States have the residual power to legislate on matters that either fall outside federal authority , or on which the Common- wealth has not chosen to make laws . In the case of ...
الصفحة 18
... matters did not turn out as originally planned can be attributed to three broad factors : • • the expansion of the scope of the federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the ...
... matters did not turn out as originally planned can be attributed to three broad factors : • • the expansion of the scope of the federal arbitration system through the mechanism of the " paper dispute " ; the growing dominance of the ...
الصفحة 20
... matters that either were not , or might not be , covered by federal awards . The most important of these areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also ...
... matters that either were not , or might not be , covered by federal awards . The most important of these areas in practice were those of occupational health and safety standards and the compensation of injured workers . But it was also ...
الصفحة 21
... control exerted by the federal government in relation to financial matters and , more generally , economic policy . Since winning its constitutional battle with the States over the 21 Labour Relations and the Constitution.
... control exerted by the federal government in relation to financial matters and , more generally , economic policy . Since winning its constitutional battle with the States over the 21 Labour Relations and the Constitution.
الصفحة 22
... matters over which it does not have any express legislative power . As explained in the previous chapter , it does this by raising more revenue than it needs and then making grants that are conditional on Commonwealth policies being ...
... matters over which it does not have any express legislative power . As explained in the previous chapter , it does this by raising more revenue than it needs and then making grants that are conditional on Commonwealth policies being ...
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