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 1
... unions , academics and many religious and community leaders , the Work Choices legislation was the most radical shake - up of our industrial relations system in more than a century . It had produced massive street demonstrations on a ...
... unions , academics and many religious and community leaders , the Work Choices legislation was the most radical shake - up of our industrial relations system in more than a century . It had produced massive street demonstrations on a ...
الصفحة 2
... unions , were endeavouring in the Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least three - quarters of the workforce . The main power used by the ...
... unions , were endeavouring in the Work Choices case to stop a conservative government that wanted to take over responsibility for regulating the employment of at least three - quarters of the workforce . The main power used by the ...
الصفحة 9
... Union case ( 1995 ) , this latter restriction was said to apply to " laws of general appli- cation which operate to destroy or curtail the continued existence of the States or their capacity to function as governments " . In practice ...
... Union case ( 1995 ) , this latter restriction was said to apply to " laws of general appli- cation which operate to destroy or curtail the continued existence of the States or their capacity to function as governments " . In practice ...
الصفحة 18
... unions saw the value of having common conditions across an industry or sector . They began deliberately to ... union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who ...
... unions saw the value of having common conditions across an industry or sector . They began deliberately to ... union would draw up a list of demands called a " log of claims " and send it to as many employ- ers as it could find who ...
الصفحة 19
... unions sought federal award coverage for their members . Importantly , however , not every union did this . Many were happy to continue to " operate " within the State systems and did not bother to seek a federal instrument . There were ...
... unions sought federal award coverage for their members . Importantly , however , not every union did this . Many were happy to continue to " operate " within the State systems and did not bother to seek a federal instrument . There were ...
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