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Australian Labour Law
Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. Australian labour law (also known as industrial relations law) has a dual structure, where some employment issues and relationships are governed by Commonwealth (the Australian federal government) laws, and others are governed by state and territory laws or the common law. It shares a heritage with laws across the Commonwealth of Nations, UK labour law and standards set by the International Labour Organization, the Australian legislature and courts have a built a comprehensive charter of rights at work. Constitutional basis The conciliation and arbitration power of the Commonwealth was originally based on Section 51(xxxv) of the Constitution of Australia, which provides: :"The ommonwealthParliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ::(xxxv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Australia
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federalism, federal parliamentary system, parliamentary constitutional monarchy. Like other Westminster system, Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the Prime Minister of Australia, prime minister, the Ministers of the Crown, ministers, and government departments), the legislative (the Parliament of Australia), and the Judiciary of Australia, judicial. The legislative branch, the federal Parliament, is made up of two chambers: the House of Representatives (Australia), House of Representatives (lower house) and Australian Senate, Senate (upper house). The House of Representatives has 151 Member of parliament, members, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Barger
''R v Barger''. is a 1908 High Court of Australia case where the majority held that the Section 51(ii) of the Australian Constitution, taxation power The prosecutions Despite the declaration in the Harvester case, McKay did not increase the wages paid to his employees to the minimum that Higgins J had declared to be fair and reasonable, nor did he pay the excise specified in the ''Excise Act'' 1906. Both McKay and another manufacturer of agricultural machinery in Melbourne, William Barger, were prosecuted by the Commonwealth for failing to pay the excise. The defences of Barger and McKay included an objection that the ''Excise Act'' 1906 was invalid. That objection was referred to the Full Court of the High Court for hearing. The argument for Barger and McKay was that although the Act on its face purports to be an exercise of the taxation power, the real substance and effect of the Act was with respect to the conditions and remuneration of labour. The State of Victoria obtained ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Dictionary Of Biography
The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's history. Initially published in a series of twelve hard-copy volumes between 1966 and 2005, the dictionary has been published online since 2006 by the National Centre of Biography at ANU, which has also published ''Obituaries Australia'' (OA) since 2010. History The ADB project has been operating since 1957. Staff are located at the National Centre of Biography in the History Department of the Research School of Social Sciences at the Australian National University. Since its inception, 4,000 authors have contributed to the ADB and its published volumes contain 9,800 scholarly articles on 12,000 individuals. 210 of these are of Indigenous Australians, which has been explained by Bill Stanner's "cult of forgetfulness" theory around the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian National University
The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and institutes. ANU is regarded as one of the world's leading universities, and is ranked as the number one university in Australia and the Southern Hemisphere by the 2022 QS World University Rankings and second in Australia in the ''Times Higher Education'' rankings. Compared to other universities in the world, it is ranked 27th by the 2022 QS World University Rankings, and equal 54th by the 2022 ''Times Higher Education''. In 2021, ANU is ranked 20th (1st in Australia) by the Global Employability University Ranking and Survey (GEURS). Established in 1946, ANU is the only university to have been created by the Parliament of Australia. It traces its origins to Canberra University College, which was established in 1929 and was integrated into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Fisher
Andrew Fisher (29 August 186222 October 1928) was an Australian politician who served three terms as prime minister of Australia – from 1908 to 1909, from 1910 to 1913, and from 1914 to 1915. He was the leader of the Australian Labor Party (ALP) from 1907 to 1915. Fisher was born in Crosshouse, Ayrshire, Scotland. He left school at a young age to work in the nearby coal mines, becoming secretary of the local branch of the Ayrshire Miners' Union at the age of 17. Fisher immigrated to Australia in 1885, where he continued his involvement with trade unionism. He settled in Gympie, Queensland, and in 1893 was elected to the Queensland Legislative Assembly as a representative of the Labor Party. Fisher lost his seat in 1896, but returned in 1899 and later that year briefly served as a minister in the government of Anderson Dawson. In 1901, Fisher was elected to the new federal parliament representing the Division of Wide Bay. He served as the Minister for Trade and Customs f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Award (Australian Industrial Relations)
An industrial award, sometimes known simply as an award, is a ruling in Australia handed down by either the national Fair Work Commission (or its predecessor) or by a state industrial relations commission which grants all wage earners in one industry or occupation the same minimum pay rates and conditions of employment such as leave entitlements, overtime and shift work, as well as other workplace-related conditions. The national awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. The pay rates are often called award wages or award rates. Federal awards in Australia have been stripped back in recent years in what they are allowed to contain, in order to promote the Enterprise Bargaining Agreement system. Awards in Australia are part of the system of compulsory arbitration in industrial relations. A similar system was also used in New Zealand prior to the '' Labour Relations Act 198 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Conciliation And Arbitration Act 1904
The ''Commonwealth Conciliation and Arbitration Act 1904'' (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904. The Act applied to industrial disputes “extending beyond the limits of any one State, including disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State”. The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989. The ''Industrial Relations Act 1988'' was itself replaced by the ''Workplace Relations Act 1996''. Background Constitutiona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporations Power
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in ''Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers to submit their certified agreements di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
