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Labour Law and the Constitution
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Labour Law and the Constitution

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Published 1998. Soft Cover.
The 1990s saw Australian Governments go far beyond the traditional industrial relations power to underpin their reforms to the Federal labour regime. The new constitutional basis is fully reflected in this book. Only a quarter focuses on the industrial relations power; the remainder covers the external affairs, corporations, and trade and commerce powers upon which modern legislation relies, as well the constitutional structure within which State and Federal industrial legislation operates. Clearly and concisely written, the book explains the changing mix of powers relied upon and ties contemporary issues to the current law as found in the Workplace Relations Act 1996. CONTENTS The Constitutional Framework The federal system Implied immunities Commonwealth legislative power The separation of powers doctrine Constitutional rights and freedoms The Industrial Relations Power Conciliation and arbitration Expanding jurisdiction Interstateness Paper disputes The industrial relationship Industrial matters The External Affairs Power Relations with other countries Matters external to Australia International law Implementing treaty obligations Implementing treaty recommendations Section 51(xxix) and the Workplace Relations Act 1996 (Cth) The Corporations Power The emergence of a modern approach What are 'foreign', 'trading' and 'financial corporations'? Which activities can be regulated? Regulating the formation of corporations Section 51(xxix) and the Workplace Relations Act 1996 (Cth) The Trade and Commerce Power The meaning of 'trade and commerce' The regulation of production The regulation of intrastate trade Section 51(i) and the Workplace Relations Act 1996 (Cth) A broader interpretation Inconsistency between Commonwealth and State Laws and Awards The operation of Section 109 Section 109 and the Workplace Relations Act 1996 (Cth Tables of Cases/ Table of Statutes/ Index REVIEWS Labour Law & The Constitution is a useful little book, providing as it does a 'concise introduction to the more significant constitutional aspects of Australian labour law. It deals with contemporary issues of industrial law and reflects the changing mix of powers relied upon by the Commonwealth to support the federal industrial regime' (from the Preface, page v). ... [It] is a useful guide to and summary of labour law and the Australian Constitution - nothing less and nothing more. Ethos (Law Society of the ACT), February 1999 SUPPLEMENTS The Constitution and a National IR Regime This speech was delivered at Industrial Relations Reform: Fair Go or Anything Else? on 13 July 2005 by George Williams. This supplement is in PDF Format see below for instructions regarding PDF. •The Constitution and a National IR Regime
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