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Work Choices: What the High Court Said
Andrew Stewart and George Williams, leading scholars and media commentators, explain the Work Choices decision - possibly the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983.
190 pages, Paperback
First published January 1, 2007
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March 30, 2016
A very definitive and (relatively) accessible publication highlighting the Workchoices case. Analysis and break-down of the LONG judgements is done well by the authors and this reader is very appreciative. Many succinct observations were mined from the judgements.
As someone without a law background, this book made certain things about Workchoices and the Australian Constitution clear to me - particularly that the Federal government has asked repeatedly at referendums over the last 100 years to CHANGE the constitution to include greater central power over employment. Each time, the measure was rejected by the people. The people wanted the States to have their separate awards systems.
In passing the Workchoices legislation, the government essentially went over the voice of the people, saying, 'Actually, we have had the power to regulate employment all along. Go read the 'corporations power' part of the Constitution. Go on.'
It seems unfair, but this book explains why Workchoices happened, and passed, because of a (legal) perfect storm.
As someone without a law background, this book made certain things about Workchoices and the Australian Constitution clear to me - particularly that the Federal government has asked repeatedly at referendums over the last 100 years to CHANGE the constitution to include greater central power over employment. Each time, the measure was rejected by the people. The people wanted the States to have their separate awards systems.
In passing the Workchoices legislation, the government essentially went over the voice of the people, saying, 'Actually, we have had the power to regulate employment all along. Go read the 'corporations power' part of the Constitution. Go on.'
It seems unfair, but this book explains why Workchoices happened, and passed, because of a (legal) perfect storm.
Displaying 1 of 1 review