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 11
... affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam case ( 1983 ) the High Court has accepted that this power can be used to pass laws that implement obligations that have been assumed by the ...
... affairs " have become major weapons in the Com- monwealth armoury . Since the Tasmanian Dam case ( 1983 ) the High Court has accepted that this power can be used to pass laws that implement obligations that have been assumed by the ...
الصفحة 18
... affairs ; in more recent times , successful attempts by the Common- wealth to push the boundaries of other federal legislative powers besides section 51 ( 35 ) . Expansion of the Federal Arbitration System Section 51 ( 35 ) was first ...
... affairs ; in more recent times , successful attempts by the Common- wealth to push the boundaries of other federal legislative powers besides section 51 ( 35 ) . Expansion of the Federal Arbitration System Section 51 ( 35 ) was first ...
الصفحة 23
... affairs " , for instance , has been used to enact legislation dealing with various forms of employment discrimination . The Racial Discrimination Act 1975 , the Sex Dis- crimination Act 1984 , the Disability Discrimination Act 1992 and ...
... affairs " , for instance , has been used to enact legislation dealing with various forms of employment discrimination . The Racial Discrimination Act 1975 , the Sex Dis- crimination Act 1984 , the Disability Discrimination Act 1992 and ...
الصفحة 24
... affairs power to establish a universal entitlement to unpaid parental leave , and also a right to complain of unfair or unlawful termination of employ- ment . In most of these cases , however , the laws in question were framed so as not ...
... affairs power to establish a universal entitlement to unpaid parental leave , and also a right to complain of unfair or unlawful termination of employ- ment . In most of these cases , however , the laws in question were framed so as not ...
الصفحة 41
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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