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 6
... trade , and how best to weigh the interests of the small States against those of the more populous States in the new national Parliament . Many of the framers were also concerned to maintain the rights of the colonies when they became ...
... trade , and how best to weigh the interests of the small States against those of the more populous States in the new national Parliament . Many of the framers were also concerned to maintain the rights of the colonies when they became ...
الصفحة 18
... trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They began deliberately to manufacture disputes with as many ...
... trade unions . In its early years the Court had little work to do . But that changed as trade unions saw the value of having common conditions across an industry or sector . They began deliberately to manufacture disputes with as many ...
الصفحة 23
... trade or commerce , which is the subject of a separate head of power under section 51 ( 1 ) of the Consti- tution . This use of the " trade and commerce power " was most recently approved in CSL ( 2003 ) . Decisions such as Pidoto and ...
... trade or commerce , which is the subject of a separate head of power under section 51 ( 1 ) of the Consti- tution . This use of the " trade and commerce power " was most recently approved in CSL ( 2003 ) . Decisions such as Pidoto and ...
الصفحة 24
... trade and commerce ( section 51 ( 1 ) ) , trading , finan- cial or foreign corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was also the power under section 51 ( 37 ) ...
... trade and commerce ( section 51 ( 1 ) ) , trading , finan- cial or foreign corporations ( section 51 ( 20 ) ) , the public service ( section 52 ( 2 ) ) and the Territories ( section 122 ) . There was also the power under section 51 ( 37 ) ...
الصفحة 25
... trading , financial or foreign corporation , or a Commonwealth agency , even though the agreement was not made in settlement of an interstate dispute . None of these extensions in themselves revolutionised the operation of the federal ...
... trading , financial or foreign corporation , or a Commonwealth agency , even though the agreement was not made in settlement of an interstate dispute . None of these extensions in themselves revolutionised the operation of the federal ...
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