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91-607: During a Senate Estimates hearing on 29 May 2006, Peter McIlwain, Head of the Office of the Employment Advocate detailed that from a sample of 4 per cent, or 250, of the total 6,263 AWAs lodged during April 2006 after WorkChoices was introduced, that: 100% removed at least one protected Award condition; 64% removed annual leave loadings; 63% stripped out penalty rates; 52% cut out shift loadings; 40% dropped gazetted public holidays; and 16% slashed all award conditions and only

182-523: A 'mixed' or hybrid constitution , partly formally codified and partly uncodified. The codified part originally made no reference whatsoever to a prime minister and still gives no parameters of the office. Instead, their powers, duties, appointment and termination follow uncodified conventions. The Constitution Act, 1867 only establishes the Queen's Privy Council for Canada , to which all federal ministers (among others) are appointed and with Members of which

273-488: A bargaining agent not later than 14 days after the notification time of the agreement. The notification time is the time when the employer agrees to bargain or initiates bargaining when the FWC determines that there is majority support among employees for collective bargaining, or when a scope order (an FWC-issued order to resolve questions about the employees covered by an agreement) comes into operation. The notice must specify that

364-508: A bargaining representative of an employee who will be covered by the agreement. Mandatory terms in an enterprise agreement are set out in Division 5 of the Act. Agreements must include a flexibility term, that is, a mechanism for allowing variations in the agreement to meet needs of individual employees while still preserving basic entitlements and protections. They must include the obligation for

455-461: A bargaining representative to reach agreement on the terms that are to be included in the agreement. If one or more of the bargaining parties does not meet the good-faith requirements, the concerned party should first provide the party allegedly not bargaining in good faith with a written notice setting out those concerns to the relevant bargaining representatives, and a reasonable time within which to respond to those concerns. However, Section 229 of

546-449: A codified constitution, however, do have a term of office of the prime minister linked to the period in office of the parliament. Hence, for example, Latvian prime minister Krišjānis Kariņš , who was first appointed in 2018 , had to be reappointed as head of a new government following the 2022 Latvian parliamentary election . The position of prime minister is usually chosen from the political party that commands - whether by itself or as

637-492: A full ten years in operation since the conciliation and arbitration model which characterised Australian industrial relations for much of the previous century. A senior member of the Fair Work Commission acknowledged in 2014 that Australia's workplace laws are complex, often requiring specialist legal advice. Gillard has stated a fairer system meant 'in most cases lawyers [would not] be necessary', however under

728-472: A new business which has not commenced operations. The most common type of enterprise agreement is the single-enterprise, and the principal requirement for such an agreement to be approved by the Fair Work Commission is that it passes what is known as the "Better Off Overall Test" (BOOT). The BOOT involves the Fair Work Commission assessing a proposed agreement and ensuring it provides conditions more favourable than current legal minimum entitlements. The BOOT

819-520: A presidency), regardless of the correct title of the head of government as applied in his or her respective country. The few exceptions to the rule are Germany and Austria, whose head of government's title is Federal Chancellor ; Monaco, whose head of government is referred to as the Minister of State; and Vatican City, for which the head of government is titled the Secretary of State. A stand-out case

910-469: A prime minister, even if the label is different. The term goes back to ancient Roman times as head of the chancellery . This title as head of government or the administration existed in ancient China as Grand Chancellor (Chinese: 宰相; pinyin: Zǎixiàng ), sometimes translated as "prime minister", existed since 685 BCE and ancient Japan Chancellor of the Realm (太政大臣 Daijō-daijin ) since the 7th century CE. In

1001-420: A specific term in office and in effect may remain in power through a number of elections and parliaments. For example, Margaret Thatcher was only ever appointed prime minister on one occasion, in 1979. She remained continuously in power until 1990, though she used the assembly of each House of Commons after a general election to reshuffle her cabinet . Newer parliamentary systems that operate based on

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1092-654: A speech to the Australian Labor Law Association her ambition was to 'establish long-term stability in [the Australian industrial] relations system'. Beginning with the Industrial Relations Act 1988 , the preceding two decades had been a prolonged period of repeated and substantial change to the Australian industrial landscape. The system following the passing of the Act was the first Australian labour law regime to last

1183-404: A timely manner. Capricious or unfair conduct undermining collective bargaining is prohibited. Parties may seek bargaining orders from the Fair Work Commission if they believe the other party has failed to comply with these good-faith bargaining obligations. Good-faith bargaining does not require a bargaining representative to make concessions during bargaining for the agreement, nor does it require

1274-575: Is different to its predecessor, the 'no disadvantage test' which allowed passing of a collective agreement provided it would not result in conditions less favourable to those otherwise applicable. Naughton and Pittard note the different language and requirements of the BOOT, suggesting it 'can be interpreted quite differently from the [no disadvantage test]' raising the bar higher to ensure workers are actually better off, rather than simply not disadvantaged. There has been mostly partisan debate about aspects of

1365-643: Is an Act of the Parliament of Australia , passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government 's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission . As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out

1456-474: Is expected with other ministers to ensure the passage of bills through the legislature . In some monarchies the monarch may also exercise executive powers (known as the royal prerogative ) without the approval of parliament. As well as being head of government, being prime minister may require holding other roles or posts—the prime minister of the United Kingdom , for example, is also First Lord of

1547-452: Is inherently unequal bargaining power for the contract. For exceptional individuals in a workplace, or industries with a labour shortage, the union movement argues that common law contracts are sufficient. They also believe that while commercial law and common law provides for fairness and equality of bargaining power, AWAs were designed to entrench inequality between an employer and their workforce with regard to pay and conditions. The policy of

1638-406: Is known as 'adverse action' against an employee because of a protected reason. Adverse actions can include: Employers must not take adverse action against an employee because of: Under the provisions provided in the general protection provisions, a claim of adverse action based on a protected reason must show a direct and substantial link. It is not sufficient merely to claim adverse action on

1729-539: Is the president of Iran, who is not actually a head of state, but the head of the government of Iran. He is referred to as "president" in both the Persian and English languages. In non-Commonwealth countries, the prime minister may be entitled to the style of Excellency like a president. In some Commonwealth countries, prime ministers and former prime ministers are styled Honourable or Right Honourable associated with their position (the prime minister of Australia or

1820-741: Is titled Chairman of the government . The Irish prime minister is called the Taoiseach (which is rendered into English as prime minister ), in Israel the prime minister is Rosh HaMemshalah, meaning "head of the government", and the Spanish prime minister is the President of the Government ( Presidente del Gobierno ). The head of government of the People's Republic of China is referred to as

1911-595: Is usually called the Office of the Prime Minister or Cabinet Office . The U.K.’s Cabinet Office includes the Prime Minister’s Office. Conversely, some Prime Minister's Offices incorporate the role of Cabinet, while Australia’s Department of the Prime Minister and Cabinet joins them at par. In Israel, the prime minister's executive office is officially titled the "Prime Minister's Office" in English, but

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2002-568: The ACTU was that AWAs should be abolished and that the bargaining system should contain collective bargaining rights. Most unions warned their members to be very cautious about signing AWAs, and if they did so, to appoint the union as their bargaining agent . For example, the Australian Services Union warned members: AWAs are about one thing: tipping the balance of power more firmly towards your employer and away from you. In

2093-634: The Abbasid caliphate and the Ottoman Empire . They both had an official title of Grand Vizier simply the Head of the Government which is called Prime Minister nowadays. Grand Vizier was the most powerful person after sultan but sometimes the Grand Vizier of Ottoman Empire was more powerful than sultan himself. The position of Chancellor is the same or comparable in some countries as

2184-527: The Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foundation of Australia's industrial relations legal framework, thought to be one of the most complex in the world. The Howard government introduced WorkChoices in November 2005, these changes later credited a significant contributor to

2275-471: The Holy Roman Empire the position of Archchancellor was the highest dignitary and traces to 860 CE, out of which later derived the positions of head of government such as the modern Chancellor of Germany , who is head of the federal government and an executive prime minister. The power of these ministers depended entirely on the personal favour of the monarch. Although managing the parliament

2366-818: The Netherlands , Norway , Malaysia , Morocco , Spain , Sweden , Thailand , Canada , Australia , New Zealand , and the United Kingdom ) and in parliamentary republics , in which the head of state is an elected official (such as Bangladesh , Finland , the Czech Republic , France , Greece , Hungary , India , Indonesia (1945–66) , Ireland , Nigeria (1960–66) , Pakistan , Montenegro , Croatia , Bulgaria , Romania , Serbia , Turkey (1923–2018) and Italy ). See also " First Minister ", " Premier ", " Chief Minister ", " Chancellor ", " Taoiseach ", "Minister of State ( Statsminister )", "President of

2457-697: The Premier of the State Council . Other common forms include president of the council of ministers (for example in Italy, Presidente del Consiglio dei Ministri ), President of the Executive Council, or Minister-President . In the Nordic countries the prime minister is called Statsminister , meaning "Minister of State". In federations , the head of government of a federated entity (such as

2548-549: The Scottish , Northern Irish and Welsh Governments are styled First Minister . Between 1921 and 1972, when Northern Ireland had a majority rule Parliament , the head of government was the prime minister of Northern Ireland . In Bangladesh , the prime minister is called Prodhan Montri , literally meaning "the head of ministers" or "prime minister". In India, the prime minister is called Pradhān Mantrī , literally meaning "the head of ministers" or "prime minister". In Pakistan,

2639-645: The Tory ministers Harley and Viscount Bolingbroke shared power. In the mid 17th century, after the English Civil War (1642–1651), Parliament strengthened its position relative to the monarch then gained more power through the Glorious Revolution of 1688 and passage of the Bill of Rights in 1689. The monarch could no longer establish any law or impose any tax without its permission and thus

2730-437: The presidential system , in which the president (or equivalent) is both the head of state and the head of the government. In some presidential and all semi-presidential systems, such as those of Algeria , Argentina , China , France , Poland , Russia , South Korea or Ukraine , the prime minister is an official generally appointed by the president but usually approved by the legislature and responsible for carrying out

2821-465: The prime minister and minister of Communications , Foreign Affairs , Regional Cooperation , Economy , Defense and Interior . The term "prime minister" was used as (vazîr-i aʾzam) or the Grand Vizier in 8th century by the Abbasid caliphate . in 17th century sources referring to Cardinal Richelieu , after he was named premier ministre to head the French royal council in 1624. The title

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2912-447: The prime minister of Canada , for example). In the United Kingdom, the prime minister and former prime ministers are also often styled Honourable or Right Honourable ; however, this is not due to their position as head of government, but a privilege of being current members of His Majesty's Most Honourable Privy Council . In the UK, where devolved government is in place, the leaders of

3003-432: The province or territory of Canada , the province of Argentina or the state of Brazil ) is most commonly known as the premier , chief minister , governor or minister-president . It is convention in the English language to call nearly all national heads of government "prime minister" (or sometimes the equivalent term "premier"), except in cases where the head of state and head of government are one position (usually

3094-556: The 'floor' of entitlements, the base from which further conditions could be bargained. The Act enables bargains to be formalised into an enterprise agreement, which as noted by Naughton and Pittard, is the "principal focus" of the Act . On 1 July 2010, the new bargaining arrangements under the Act became operational. Contrary to the individual arrangements dominant under WorkChoices, the Act emphasises enterprise based bargaining, removing individual Australian Workplace Agreements. The Act continues to outlaw pattern bargaining and removed

3185-466: The 21st century. The position of a head of government separate from the head of state, or as the most important government administrator or minister after the monarch in rank developed in multiple countries separate from each other. The names given could be "prime minister", although other terms were also used such as "chief minister", "grand chancellor", "chancellor", "grand vizier", "counselor", and others. The literal title itself can be traced back to

3276-401: The Act states it may not be necessary to comply with the notice requirements should the Fair Work Commission be 'satisfied that it is appropriate in all the circumstances to do so'. If the party does not respond appropriately to the written notice, the Fair Work Commission can make a bargaining order. Should the relevant party continue to ignore the good-faith requirements following this order,

3367-483: The Australian Labor Party argued such changes would result in cuts to workers pay and opposed the changes. A core objective of the Act is to enable the facilitation of good faith bargaining. This involves each party making a sincere effort in negotiations, including attending and participating in meetings at reasonable times, disclosing relevant information and considering proposals genuinely and in

3458-499: The BOOT in its current form. The Industrial Relations Minister Christian Porter in 2020 introduced legislation designed to weaken the BOOT, but withdrew it in March 2021 in the face of opposition from independent crossbenchers. The legislation would have allowed the Fair Work Commission significant discretion to approve an agreement that places workers on conditions less favourable than they otherwise would be entitled. Trade unions and

3549-628: The British model. Bangladesh's constitution clearly outlines the functions and powers of the prime minister , and also details the process of his/her appointment and dismissal. The People's Republic of China constitution set a premier just one place below the National People's Congress in China. Premier read as ( Simplified Chinese : 总理; pinyin : Zŏnglĭ) in Chinese. Canada has

3640-486: The Fair Work Act 2009, and can be the employer, a person the employer appoints in writing, the employee, or a person an employee appoints in writing. If the employee is a member of an employee organisation that is entitled to represent the industrial interests of the employee and the employee does not appoint another person as their bargaining representative, the organisation will be the bargaining representative of

3731-406: The Fair Work Commission can issue a serious breach declaration. If the bargaining representatives have not settled the issue of non-compliance by the end of the post-declaration negotiating period (generally 21 days), the Fair Work Commission can issue a bargaining related workplace determination. The Act stipulates that employers must take all reasonable steps to notify employees of their right to

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3822-643: The Government", "President of the Council of Ministers" and " Secretary of State ": alternative titles usually equivalent in meaning to, or translated as, "prime minister". Both Indonesia and Nigeria lost their positions as prime ministers in 1966. Brazil , Iran , the Philippines and Turkey also lost their positions as prime ministers. Chile , Mexico , Switzerland and the United States never had positions as prime ministers. This contrasts with

3913-908: The Government's five minimum conditions were satisfied.[6] New AWAs were banned under the Fair Work Act 2009 . As of May 2004, AWAs had achieved coverage of about 2.4% of the workforce. Mining companies pushed the agreements with some success, offering substantial increases in pay to workers who chose to sign an AWA. According to OEA statistics, as of 31 December 2004, 1,410,900 persons were covered under Union Certified Agreements , 168,500 under non-union Certified Agreements, and 421,800, or over 21%, were covered by AWAs. By 31 December 2005 this had risen to 1,618,200 under Union Certified Agreements, 185,300 under non-union Certified Agreements, and 538,200 Australian Workplace Agreements. Australian Bureau of Statistics figures published in March 2005 showed hourly wages of workers on AWAs were two percent lower than

4004-563: The House of Commons became a part of the government. It is at this point that a modern style of prime minister begins to emerge. A tipping point in the evolution of the prime ministership came with the death of Anne in 1714 and the accession of George I to the throne. George spoke no English, spent much of his time at his home in Hanover , and had neither knowledge of, nor interest in, the details of British government. In these circumstances it

4095-461: The Monarch or their Governor General normally performs executive government (as King- or Governor-in-Council ). The Constitution Act, 1982 , adds passing reference to the " Prime Minister of Canada " [French: premier ministre du Canada ] but as detail of conferences of federal and provincial first ministers .) Czech Republic's constitution clearly outlines the functions and powers of

4186-521: The Prime Minister (or occasionally a similar post with a different title, such as the Chancellor of Germany ) is the most powerful politician and the functional leader of the state, by virtue of commanding the confidence of the legislature . The head of state is typically a ceremonial officer, though they may exercise reserve powers to check the Prime Minister in unusual situations. Under some presidential systems , such as South Korea and Peru ,

4277-760: The Treasury and Minister for the Civil Service . In some cases, prime ministers may choose to hold additional ministerial posts (e.g. when the portfolio is critical to that government's mandate): during the Second World War, Winston Churchill was also Minister of Defence (although there was then no Ministry of Defence ). Another example is the Thirty-fourth government of Israel (2015–2019) , when Benjamin Netanyahu at one point served as

4368-491: The U.S. system in which the president directly exercises executive authority. Bahrain 's former prime minister, Sheikh Khalifah bin Sulman Al Khalifah , occupied the post for about 50 years, from 1970 to November 2020, making him the longest serving non-elected prime minister. The post of prime minister may be encountered both in constitutional monarchies (such as Belgium , Denmark , Japan , Luxembourg ,

4459-876: The Western Australian Parliament in May 2005, the Labor Minister for Consumer and Employment Protection stated his belief that AWAs were being used to reduce wages and conditions of employment in Western Australia. The Howard Government and most business groups maintained that AWAs were mutually beneficial for employers and employees, often promoting the view that 'flexibility' is paramount: AWAs give employers and employees flexibility in setting wages and conditions, and enable them to agree on arrangements that suit their workplaces and individual preferences. AWAs offer an employer and employees

4550-565: The basis of possessing a protected characteristic and then facing adverse action, as demonstrated in Philip v State of NSW, where an individual applied for a position in the New South Wales police force, and during interviews had been recorded in file notes as having limited English skills, an accent, and was difficult to understand. It was also noted this individual was agitated during the interviews. The individuals refusal of employment

4641-501: The common law in the 1980s in Western Australia with productivity improvements of between 20 and 35 per cent, according to Rio Tinto managing director Charlie Lenegan. The union movement saw AWAs as an attempt to undermine the collective bargaining power of trade unions in the negotiation of pay and conditions of their members. Unions argued that the ordinary working person has little to no bargaining power by themselves to effectively negotiate an agreement with an employer, hence there

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4732-575: The council" or "chancellor" were adopted, but the essentials of the office were the same. In the late 20th century, many of the world's countries had prime ministers or equivalent ministers, holding office under either constitutional monarchies or ceremonial presidents. The main exceptions to this system include Switzerland and the United States, as well as the presidential republics in Latin America, such as Chile and Mexico, modelled on

4823-525: The defeat of the Coalition and installation of a Labor government committed to repealing the reforms. Joe Hockey, some days after his government lost power, described WorkChoices as "dead". Introduced in 2008, the Act was explained as creating 'a national workplace relations system that is fair to working people, flexible for business and promotes productivity and economic growth'. The then Minister for Employment and Workplace Relations , Julia Gillard

4914-463: The directives of the president and managing the civil service. The premier of the Republic of China (Taiwan) is also appointed by the president but does not require any approval by the legislature. Appointment of the prime minister of France does not require any approval by the parliament either, but the parliament may force the resignation of the government. In these systems, it is possible for

5005-442: The distinction between union and non-union agreements. Under the Act there are three types of enterprise agreement. First, a single-enterprise agreement made between an employer and the employees whom the agreement will cover. Second, a multi-enterprise agreement made between two or more employers, covering the employees of those employers. Third is a 'greeenfields' agreement between an employer and trade union, made in relation to

5096-630: The division of powers between federal and state parliaments. Prior to 2006, the relevant power relied by governments to regulate Australia's industrial relations system was the conciliation and arbitration power under section 51(xxxv). This led to both federal and state parliaments having the power to legislate with respect to industrial relations, leading to a 'dual system' that had 'unnecessary complexity and technicality'. A federal industrial tribunal would conciliate and arbitrate disputes between trade unions and employers, generally on an industry basis ensuring consistency of conditions within that industry, and

5187-453: The employee may appoint a bargaining representative to represent the employee in bargaining for the agreement and a matter before FWC that relates to bargaining for the agreement. An employee organisation cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee. A person may revoke their bargaining agent in writing. Bargaining agents are described in Division 3 of

5278-406: The employee. Instruments for appointing a bargaining representative are also set out in Division 3. An appointment of a bargaining representative comes into force on the day specified in the instrument of appointment. The employer must be given the instrument of appointment of the bargaining agent. For an appointment made by an employer, a copy of the bargaining instrument must be given, on request, to

5369-560: The employer to consult with covered employees about major workplace changes that are likely to have a significant effect on the employees and allow for the representation of those employees for that consultation. The agreed-on base rate of pay cannot be below that set by the relevant modern award. There are eleven minimum conditions covered under the National Employment Standards: The Act created modern awards, which are industrial instruments setting out

5460-468: The exclusive power for laws with respect to industrial relations not within the scope of these powers, which is any employer not considered a 'constitutional corporation', an employer not incorporated under the Corporations Act , an Commonwealth legislation enacted under the corporations power. Prime Minister A prime minister or chief of cabinet is the head of the cabinet and

5551-402: The government. In most systems, the prime minister is the presiding member and chairman of the cabinet. In a minority of systems, notably in semi-presidential systems , a prime minister is the official appointed to manage the civil service and execute the directives of the head of state . Today, the prime minister is often, but not always, a member of the legislature or its lower house, and

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5642-422: The hourly wages of workers on registered collective agreements, mostly negotiated by unions. For women, AWAs paid 11% less per hour than collective agreements. The most common methods of setting pay for all employees were registered collective agreement (38.3%), unregistered individual arrangement (31.2%) and award only (20.0%). Unregistered collective agreement (2.6%) and registered individual agreement (2.4%) were

5733-407: The introduction of a new "fairness test" with an advertising campaign in May 2007 targeting women and youth which did not mention specifically either WorkChoices or AWAs. However, the changes were not retrospective, leaving tens of thousands of workers on contracts that have removed conditions without the compensation that would be required under the current test. Howard stated: Can I just say that it

5824-408: The king, and also that when the cabinet had agreed on a policy, all ministers must defend it in public, or resign. As a later prime minister, Lord Melbourne , said, "It matters not what we say, gentlemen, so long as we all say the same thing." Walpole always denied that he was "prime minister", and throughout the 18th century parliamentarians and legal scholars continued to deny that any such position

5915-536: The largest member of a coalition - the majority of seats in the lower house of parliament, though this is not a requirement either; for example, following the 2018 Latvian parliamentary election , after two failed attempts by larger parties to form a coalition headed by them, the leader of the smallest party in parliament - Krišjānis Kariņš - was eventually appointed as a compromise candidate. Italy has seen several emergency technocratic governments , such as Carlo Azeglio Ciampi 's and Mario Draghi 's governments, where

6006-444: The leader of the ministers in the executive branch of government , often in a parliamentary or semi-presidential system . A prime minister is not the head of state , but rather the head of government , serving as the chief of the executive under either a monarch or a president in a republican form of government . In parliamentary systems of government (be they constitutional monarchies or parliamentary republics ),

6097-508: The least common methods of setting pay. The remaining 5.4% of employees were working proprietors of incorporated businesses. In the federal public service the Department of Employment and Workplace Relations reported that as of 31 December 2004, out of 124,500 public and parliamentary service permanent staff, there were 11,085 AWAs (covering 1928 Senior Executive Service (SES), where AWAs are compulsory, and 9,157 other employees). The rest of

6188-510: The minimum terms and conditions of employment in addition to the National Employment Standards. A modern award cannot exclude any provision of the National Employment Standards, but can provide additional detail in relation to the operation of a related entitlement. Modern awards came into effect on 1 January 2010, and apply to all employers covered by the Act. The Act specifically prohibits employers from taking what

6279-555: The name of an alternative prime minister; if the motion of no confidence is successful, the alternative prime minister automatically takes office in place of the incumbent government, which cannot appeal this replacement to the electorate. In Australia , the prime minister is expected to step down if they lose the majority support of their party under a spill motion as have many such as Tony Abbott , Julia Gillard , Kevin Rudd and Malcolm Turnbull . The prime minister's executive office

6370-533: The opportunity to make an agreement that best suits the specific needs of individual employees. An existing employee cannot be forced to sign an AWA. In April 2007 The Sydney Morning Herald reported that it had received unpublished Government spreadsheets that showed 27.8% of the agreements had stripped away conditions that were intended to be protected by law. The spreadsheets were based on a sample of AWA agreements. In response to ongoing criticisms of WorkChoices and AWAs, then- Prime Minister John Howard announced

6461-456: The original Hebrew term can also be translated as the Prime Minister's Ministry. The Prime Minister's Department is also used, as is Cabinet Department. Wilfried Martens , who served as Prime Minister of Belgium, described his role as follows: In many cases, though commonly used, "prime minister" is not the official title of the office-holder. In the Russian constitution , the prime minister

6552-580: The permanent staff were covered, as at 30 March 2005, by 101 certified agreements, of which 70 were union enterprise agreements and 31 non-union enterprise agreements. According to a report in The Australian newspaper in March 2007, about five per cent of the total workforce were at that time employed on AWAs, with about 32 per cent of miners employed on AWAs, but this figure was much higher in Western Australia where up to 52 per cent were on AWAs. Rio Tinto pioneered individual employment contacts under

6643-743: The power of the post. The title "prime minister" was first referred to on government documents during the administration of Benjamin Disraeli but did not appear in the formal British Order of precedence until 1905. The prestige of British institutions in the 19th century and the growth of the British Empire saw the British model of cabinet government, headed by a prime minister, widely copied, both in other European countries and in British colonial territories as they developed self-government. In some places alternative titles such as "premier", "chief minister", "first minister of state", "president of

6734-410: The power, rarely exercise it). Where they lose a vote of confidence , have a motion of no confidence passed against them, or where they lose supply, most constitutional systems require either: The latter in effect allows the government to appeal the opposition of parliament to the electorate . However, in many jurisdictions a head of state may refuse a parliamentary dissolution, requiring

6825-428: The president and the prime minister to be from different political parties if the legislature is controlled by a party different from that of the president. When it arises, such a state of affairs is usually referred to as (political) cohabitation . In parliamentary systems a prime minister may enter into office by several means. In older, convention-based parliamentary systems , prime ministers are not appointed for

6916-422: The prime minister is referred to as Wazir-e-Azam , meaning "grand vizier". The position, power and status of prime ministers differ depending on the age of the constitution. Algeria's constitution (1962) lists the powers, functions and duties of the prime minister of Algeria . Australia's constitution makes no mention of a prime minister of Australia and the office only exists by convention, based on

7007-474: The prime minister is the leader or the most senior member of the cabinet, but not the head of government. As such, in South Korea, the prime minister is equivalent to that of a vice president which is the second in-command and assumes the presidency in the absence of the president. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within

7098-456: The prime minister was a non-partisan expert backed by the confidence and supply of a broad cross-section of the parliament . In parliamentary systems, governments are generally required to have the confidence of the lower house of parliament (though a small minority of parliaments, by giving a right to block supply to upper houses , in effect make the cabinet responsible to both houses, though in reality upper houses, even when they have

7189-439: The reform, employers and employees are seeing an increasing risk of litigation and complexity, leading to increased involvement of lawyers. Collective bargaining is a mechanism which allows employees, employers and representational parties to express their objectives with respect to work. Such bargaining was at the centre of the Australian Labor Party's industrial relations policy. As noted by Woodward, modern awards would provide

7280-416: The resignation of the prime minister and his or her government. In most modern parliamentary systems, the prime minister is the person who decides when to request a parliamentary dissolution. Older constitutions often vest this power in the cabinet . In the United Kingdom, for example, the tradition whereby it is the prime minister who requests a dissolution of parliament dates back to 1918. Prior to then, it

7371-476: The rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards , national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman , The Fair Work Divisions of

7462-810: The tribunal would deliver its decisions via instruments known as awards. The Australian Constitution provides no direct power for the Commonwealth Parliament to make laws with respect to industrial relations. Therefore, WorkChoices and the Act rely on the corporations, territory, and external affairs powers. Through a series of decisions, the High Court of Australia has found the parliament has jurisdiction to rely on these constitutional powers to enact industrial legislation, most recently in New South Wales v Commonwealth, also known as WorkChoices decision. However, state parliaments retain

7553-430: Was First Lord of the Treasury ). During the whole of the 18th century, Britain was involved in a prolonged conflict with France, periodically bursting into all-out war, and Britons took outspoken pride in their "Liberty" as contrasted to the "Tyranny" of French Absolute Monarchy; therefore, being implicitly compared with Richelieu was no compliment to Walpole. Over time, however, the title became honorific and remains so in

7644-592: Was among the necessary skills of holding high office, they did not depend on a parliamentary majority for their power. Although there was a cabinet , it was appointed entirely by the monarch, and the monarch usually presided over its meetings. The monarch could dismiss the minister at any time, or worse: Cromwell was executed and Clarendon driven into exile when they lost favour. Kings sometimes divided power equally between two or more ministers to prevent one minister from becoming too powerful. Late in Anne's reign, for example,

7735-516: Was found not to constitute a breach of the general protections provision as the decision was not exclusively based on a lack of English, but also an 'abrasive' attitude. The Australian Constitution plays a fundamental role in the Australian industrial relations system, particularly the Act. As it is legislation of the federal parliament, application of the Act is limited by section 51 of the Australian Constitution , which sets out

7826-593: Was inevitable that the king's first minister would become the de facto head of the government. From 1721, this was the Whig politician Robert Walpole , who held office for twenty-one years. Walpole chaired cabinet meetings, appointed all the other ministers, dispensed the royal patronage and packed the House of Commons with his supporters. Under Walpole, the doctrine of cabinet solidarity developed. Walpole required that no minister other than himself have private dealings with

7917-597: Was known to the Constitution. George II and George III made strenuous efforts to reclaim the personal power of the monarch, but the increasing complexity and expense of government meant that a minister who could command the loyalty of the Commons was increasingly necessary. The long tenure of the wartime prime minister William Pitt the Younger (1783–1801), combined with the mental illness of George III, consolidated

8008-523: Was never intentional that it should become the norm that penalty rates and overtime loadings should be traded off without proper compensation. The fairness test will guarantee in a very simple way that will not occur. On 19 March 2008, a bill was passed in the Senate that prevented new AWAs from being made, and set up provisions for workers to be transferred from AWAs into intermediate agreements. Fair Work Act 2009 The Fair Work Act 2009 (Cth)

8099-484: Was responsible for the Act's eventual implementation. Prior to taking office in 2007, Gillard had been responsible as party spokeswoman on industrial relations for negotiating with unions in drafting the Australian Labor Party's policy on industrial relations. This policy was formalised in April 2007 through Forward with Fairness, detailing 'Labor's plan for fairer and more productive Australian workplaces. Gillard stated in

8190-593: Was the entire government that made the request. Similarly, though the modern 1937 Irish constitution grants to the Taoiseach the right to make the request, the earlier 1922 Irish Free State Constitution vested the power in the Executive Council (the then name for the Irish cabinet). Some systems, such as Germany and Spain , require motions of no confidence to be constructive : i.e., they must include

8281-423: Was used alongside the principal ministre d'État ("chief minister of the state") more as a job description. After 1661, Louis XIV and his descendants refused to allow one of their Ministers to be more important than the others, so the term was no longer in use. In the 18th century in the United Kingdom, members of parliament disparagingly used the title in reference to Sir Robert Walpole (whose official title

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