Work Choices: What the High Court Said

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Januar 2007



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 1983. In New South Wales and Others v. Commonwealth, the Court was being asked to rule on the constitutional validity of the Howard Government's "Work Choices" legislation--legislation which had shaken up the industrial relations system, produced massive street demonstrations, and ignited fierce debate about labour market reform. In a nutshell, the Work Choices reforms shifted the balance in favour of employers, giving them greater freedom in hiring and firing staff. In addition, the amendments sought to marginalise the role played by trade unions and industrial tribunals. The authors show what was being argued in the Work Choices decision, why it was being argued, what was decided when the judgment was handed down on November 14, 2006, and the implications for Australias future.


Part I - Background Introduction Australia's Federal System Labour Relations and the Constitution The Work Choices Legislation The Constitutional Challenge
Part II - The Decision Interpreting the Constitution The Scope of the Corporations Power The Relationship Between the Corporations Power and the Industrial Arbitration Power Excluding State Laws Making Law Through Regulations Other Issues
Part III - The Implications What it Means for Labour Relations What it Means for the Federation Extracts from the Australian ConstitutionSelect BibliographyIndex


The background chapters provide an excellent overview of the historical limits of federal power read into the Constitution through successive High Court decisions. This would be particularly useful for academics, students and practitioners of law and industrial relations...Of interest to many readers will be the analysis of the judges on the High Court, and the book provides commentaries on carefully selected extracts from the judgements on key issues raised in the case. - Labour & Industry, Vol 18 No 2, December 2007
EAN: 9781862876422
ISBN: 1862876428
Untertitel: Sprache: Englisch.
Erscheinungsdatum: Januar 2007
Seitenanzahl: 190 Seiten
Format: kartoniert
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