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Unfair Dismissal (Australia)
In Australian industrial law, unfair dismissal refers to an unlawful act of employment termination due to it being an unfair action on the employee by the employer. History The ability for an individual to seek relief from unfair dismissal was first established in a statutory scheme in South Australia in 1972, followed thereafter by Western Australia, Queensland, New South Wales and Victoria in the early 1990s. Protection from unfair dismissal at the Commonwealth level was enhanced in 1984 by the Commonwealth Conciliation and Arbitration Commission with its ruling in the ''Termination, Change and Redundancy Case'', that awards should contain a provision that dismissal "shall not be harsh, unjust or unreasonable" and subsequent awards following it were upheld by the High Court of Australia. The Parliament of Australia later extended the reach of protection from unfair dismissal with the passage of the ''Industrial Relations Reform Act 1993'', which relied upon the external affa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Australia
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Award
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 1987' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Australian Industrial Relations Commission
The Western Australian Industrial Relations Commission, as constituted under the ''Industrial Relations Act 1979'', conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in the State of Western Australia, with respect to those employers not regulated by the Commonwealth of Australia under the ''Fair Work Act 2009''. History The industrial conciliation system, modelled on New Zealand's ''Industrial Conciliation and Arbitration Act 1894'', was created in Western Australia in 1900, before the formation of the Commonwealth of Australia the following year. It provided for the division of the Colony (later the State) into Industrial Districts (each with its own Board of Conciliation), the decisions of which were subject to appeal to a Court of Arbitration. The first Board of Conciliation did not commence operation until 11 July 1901, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clayton Utz
Clayton Utz is an independent, top-tier Australian law firm headquartered in Sydney, Australia. Established in 1833, it is generally considered a leading law firm, and has been known as one of the " Big Six" Australian law firms. The firm is recognised for its strong litigation practice, government clients, pro bono services and high-profile alumni. In 2013, the firm had an annual revenue of $436 million. it had 179 partners and 1,600 personnel in six offices. Operations Legal services Clayton Utz is a full-service law firm, and provides legal services in a wide variety of practice areas. The primary focus of the firm is in the realm of commercial law, although it has broad competence in a large number of practice areas. The firm manages the affairs of clients across jurisdictions, and retains dual-qualified lawyers. It is a member of international legal networks such as Lex Mundi and the Pacific Rim Advisory Council. Notable legal work The firm has undertaken several hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xx) Of The Constitution Of Australia
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 me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxvii) Of The Australian Constitution
Section 51(xxxvii) of the Constitution of Australia (also called the referral power) is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. Uncertainty Regarding the Scope of Section 51(xxxvii) Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: wheth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cocos (Keeling) Islands
) , anthem = "'' Advance Australia Fair''" , song_type = , song = , image_map = Australia on the globe (Cocos (Keeling) Islands special) (Southeast Asia centered).svg , map_alt = Location of the Cocos (Keeling) Islands , map_caption = Location of the Cocos (Keeling) Islands (circled in red) , subdivision_type = Sovereign state , subdivision_name = , established_title = Annexed by the United Kingdom , established_date = 1857 , established_title2 = Transferred from Singaporeto Australia , established_date2 = 23 November 1955 , official_languages = None , languages_type = Spoken languages , languages = , capital = West Island , coordinates = , largest_settlement_type = village , largest_settlement = Bantam , demonym = , ethnic_groups = , ethnic_groups_year = , government_type = Directly administered dependency , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor-General , leader_name2 = David Hurley , leader_ti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christmas Island
Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the closest point on the Australian mainland. It lies northwest of Perth and south of Singapore. It has an area of . Christmas Island had a population of 1,692 residents , the majority living in settlements on the northern edge of the island. The main settlement is Flying Fish Cove. Historically, Asian Australians of Chinese, Malay, and Indian descent formed the majority of the population. Today, around two-thirds of the island's population is estimated to have Straits Chinese origin (though just 22.2% of the population declared a Chinese ancestry in 2021), with significant numbers of Malays and European Australians and smaller numbers of Straits Indians and Eurasians. Several languages are in use, including English, Malay, and vario ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norfolk Island
Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with the neighbouring Phillip Island and Nepean Island, the three islands collectively form the Territory of Norfolk Island. At the 2021 census, it had inhabitants living on a total area of about . Its capital is Kingston. The first known settlers in Norfolk Island were East Polynesians but they had already departed when Great Britain settled it as part of its 1788 settlement of Australia. The island served as a convict penal settlement from 6 March 1788 until 5 May 1855, except for an 11-year hiatus between 15 February 1814 and 6 June 1825, when it lay abandoned. On 8 June 1856, permanent civilian residence on the island began when descendants of the ''Bounty'' mutineers were relocated from Pitcairn Island. In 1914 the UK handed Nor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Territory Police
The Northern Territory Police Force is the police body that has legal jurisdiction over the Northern Territory of Australia. This police service has 1,537 police members (as at 31 July 2019) made up of 79 senior sergeants, 228 sergeants, 839 constables, 208 auxiliaries, and 73 Aboriginal Community Police Officers. The rest of the positions are members of commissioned rank and inoperative positions (as of 31 July 2019). It also has a civilian staff working across the NT Police, Fire and Emergency Services. Police in the Northern Territory are part of a tri-service: the Northern Territory Police, Fire and Emergency Services with the Commissioner of Police as the CEO of the tri-service. History The Northern Territory Police traces its roots back to the South Australian Mounted Police from 1870 when Inspector Paul Foelsche and six other police officers arrived in the Territory. A small rural constabulary (part-time force) had existed earlier but was disbanded. The Native Police C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Australia to the west ( 129th meridian east), South Australia to the south ( 26th parallel south), and Queensland to the east ( 138th meridian east). To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other islands of the Indonesian archipelago. The NT covers , making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 249,000 – fewer than half as many people as in Tasmania. The largest population center is the capital city of Darwin. The archaeological history of the Northern Territory may have begun more than 60,000 years ago when humans first se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. It is located in southeastern Australian mainland as an enclave completely within the state of New South Wales. Founded after Federation as the seat of government for the new nation, the territory hosts the headquarters of all important institutions of the Australian Government. On 1 January 1901, federation of the colonies of Australia was achieved. Section 125 of the new Australian Constitution provided that land, situated in New South Wales and at least from Sydney, would be ceded to the new federal government. Following discussion and exploration of various areas within New South Wales, the '' Seat of Government Act 1908'' was passed in 1908 which specified a capital in the Yass-Canberra region. The territory was transferred to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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