• Publication Date: January 15, 2007
  • EAN: 9781862876422
  • 200 pages; 6" x 8⅝"
Filed Under: Labour & Employment

Work Choices

What the High Court said


Product Description

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)?

Part I – Background
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 Constitution

Select Bibliography

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

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