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
... power to pass that legis- lation . But given the depth of feeling over the ... legislative powers granted to the Com- monwealth . At key points over the ... power in the Constitution to legislate on environmental protection . The decision ...
... power to pass that legis- lation . But given the depth of feeling over the ... legislative powers granted to the Com- monwealth . At key points over the ... power in the Constitution to legislate on environmental protection . The decision ...
الصفحة 7
... power is divided by the Constitution . As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These ...
... power is divided by the Constitution . As drafted , the Constitution granted the Commonwealth legislative power over 39 specific areas ( a further power over pension benefits and other matters was added by referendum in 1946 ) . These ...
الصفحة 10
... legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth powers ...
... legislative power are well settled " . Their task was to focus on the text of the Constitution . Moreover , quoting R v Public Vehicles Licensing Appeal Tribunal ( 1964 ) , they found that the text setting out Com- monwealth powers ...
الصفحة 17
... power " in section 51 ( 35 ) , there was no other legislative power that explicitly dealt with the regulation of employment or industrial relations . In particular , no general power was granted to the Commonwealth to fix wages or to ...
... power " in section 51 ( 35 ) , there was no other legislative power that explicitly dealt with the regulation of employment or industrial relations . In particular , no general power was granted to the Commonwealth to fix wages or to ...
الصفحة 18
... legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception of laws relating to the ...
... legislative powers on which it can call if it wishes to regulate employment conditions . But the use of most of these powers would simply not have been envisaged at the time of federation , with the exception of laws relating to the ...
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