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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 The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989.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 ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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Edmund Barton
Sir Edmund "Toby" Barton, (18 January 18497 January 1920) was an Australian politician and judge who served as the first prime minister of Australia from 1901 to 1903, holding office as the leader of the Protectionist Party. He resigned to become a founding member of the High Court of Australia, where he served until his death. Barton was an early supporter of the federation of the Australian colonies, the goal of which he summarised as "a nation for a continent, and a continent for a nation". After the retirement of Henry Parkes he came to be seen as the leader of the federation movement in New South Wales. He was a delegate to the constitutional conventions, playing a key role in the drafting of a national constitution, and was one of the lead campaigners for federation in the subsequent referendums. In late 1900, despite the initial " Hopetoun Blunder", Barton was commissioned to form a caretaker government as Australia's first prime minister. His term began on 1 Janu ...
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Arbitration Law
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial a ...
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Acts Of The Parliament Of Australia
The Acts of the Apostles ( grc-koi, Πράξεις Ἀποστόλων, ''Práxeis Apostólōn''; la, Actūs Apostolōrum) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire. It gives an account of the ministry and activity of Christ's apostles in Jerusalem and other regions, after Christ's death, resurrection, and ascension. Acts and the Gospel of Luke make up a two-part work, Luke–Acts, by the same anonymous author. It is usually dated to around 80–90 AD, although some scholars suggest 90–110. The first part, the Gospel of Luke, tells how God fulfilled his plan for the world's salvation through the life, death, and resurrection of Jesus of Nazareth. Acts continues the story of Christianity in the 1st century, beginning with the ascension of Jesus to Heaven. The early chapters, set in Jerusalem, describe the Day of Pentecost (the coming of the Holy Spirit) and the growth of the chu ...
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1904 In Australian Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album '' 63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album '' Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipkno ...
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Harvester Judgment
''Ex parte H.V. McKay'',''Ex parte H.V. McKay'(1907) 2 CAR 1 commonly referred to as the ''Harvester case'', is a landmark Australian labour law decision of the Commonwealth Court of Conciliation and Arbitration. The case arose under the ''Excise Tariff Act 1906''. which imposed an excise duty on goods manufactured in Australia, £6 in the case of a stripper harvester, however if a manufacturer paid "fair and reasonable" wages to its employees, it was be excused from paying the excise duty. The Court therefore had to consider what was a "fair and reasonable" wage for the purpose of the act. H.B. Higgins declared that "fair and reasonable" wages for an unskilled male worker required a living wage that was sufficient for "a human being in a civilised community" to support a wife and three children in "frugal comfort", while a skilled worker should receive an additional margin for their skills, regardless of the employer's capacity to pay. While the High Court of Australia in 1 ...
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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 d ...
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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) ...
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Strike Action
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries. Strikes are sometimes used to pressure governments to change policies. Occasionally, strikes destabilize the rule of a particular political party or ruler; i ...
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Lock-out
A lockout is a work stoppage or denial of employment initiated by the management of a company during a labour dispute. In contrast to a strike, in which employees refuse to work, a lockout is initiated by employers or industry owners. Lockouts are usually implemented by simply refusing to admit employees onto company premises, and may include changing locks or hiring security guards for the premises. Other implementations include a fine for showing up, or a simple refusal of clocking in on the time clock. For these reasons, lockouts are referred to as the antithesis of strikes. Lockouts are common in major league sports, many of which operate as legalized cartels. In the United States and Canada, the National Football League, Major League Baseball, the National Basketball Association, and the National Hockey League have all experienced lockouts. Causes A lockout is generally an attempt to enforce specific terms of employment upon a group of employees during a dispute. It i ...
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Free Trade Party
The Free Trade Party which was officially known as the Australian Free Trade and Liberal Association, also referred to as the Revenue Tariff Party in some states, was an Australian political party, formally organised in 1887 in New South Wales, in time for the 1887 colony election, which the party won. It advocated the abolition of protectionism, especially protective tariffs and other restrictions on trade, arguing that this would create greater prosperity for all. However, many members also advocated use of minimal tariffs for government revenue purposes only. Its most prominent leader was George Reid, who led the Reid Government as the fourth Prime Minister of Australia (1904–05). In New South Wales it was succeeded by the Liberal and Reform Association in 1902, and federally by the Anti-Socialist Party in 1906. In 1909, the Anti-Socialist Party merged with the Protectionist Party to form the Commonwealth Liberal Party. History The party was centred on New South Wales, ...
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George Reid
Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales from 1894 to 1899. He led the Free Trade Party from 1891 to 1908. Reid was born in Johnstone, Renfrewshire, Scotland. He and his family immigrated to Australia when he was young. They initially settled in Melbourne, but moved to Sydney when Reid was 13, at which point he left school and began working as a clerk. He later joined the New South Wales civil service, and rose through the ranks to become secretary of the Attorney-General's Department. Reid was also something of a public intellectual, publishing several works in defence of liberalism and free trade. He began studying law in 1876 and was admitted to the bar in 1879. In 1880, he resigned from the civil service to run for parliament, winning election to the New South Wales Legislati ...
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