National Security (Stevedoring Industry) Regulations (Cth)

STATUTORY RULES.

1942. No. 159.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939–1940.

Dated this second day of April, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State

for Defence Co-ordination.

 

National Security (Stevedoring Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Stevedoring Industry) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Purposes of Regulations.

3. The purposes of these Regulations are, in view of the necessity, in the interests of the defence of Australia, of effecting speedy loading and unloading of ships, to secure the utilization of waterside labour to the best advantage and to provide additional labour for waterside work.

Duration of Regulations.

4. These Regulations shall continue in operation for a period of twelve months and no longer.

Repeal.

5. The National Security (Waterside Employment) Regulations  are hereby repealed.

Definitions.

6. In these Regulations, unless the contrary intention appears—

“Committee” means a Waterside Employment Committee established under these Regulations;

 

* Notified in the Commonwealth Gazette on 2nd April, 1942.

 Statutory Rules 1942, No. 19.

2365.— Price 5d.

“employer” means any person who engages another person as a waterside worker for work on any wharf, pier, jetty, hulk, barge or ship at any port;

“member” means member of the Commission and includes a deputy of a member ;

“Register” means a Register established and maintained in pursuance of these Regulations;

“the Chairman” includes an acting Chairman;

“the Commission” means the Stevedoring Industry Commission established under these Regulations;

“the Court” means the Commonwealth. Court of Conciliation and Arbitration;

“the Federation” means the Waterside Workers Federation of Australia;

“waterside worker” means a person who offers for or is engaged for work in the loading or unloading of ships as to cargo or coal (whether for bunkers or not), but does not include—

(a) persons working in or alongside any ship in connexion with the direction or checking of the work of waterside workers;

(b)members of the crew of a ship on the ship’s articles;

or

(c) members of the crew of a lighter who do not handle cargo or bunker coal.

Stevedoring Industry Commission

7.—(1.) There shall be a Stevedoring Industry Commission which shall consist of a Chairman and seven other members, of whom one shall represent overseas ship-owners, one shall represent Australian ship-owners, one shall represent persons engaged as employers in stevedoring operations, three shall represent the Federation and one shall be an officer of the Commonwealth.

(2.) The Commission shall be a body corporate with perpetual succession and a common seal.

(3.) The Chairman, who may be a Judge of the Court, shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines.

(4.) The other members of the Commission shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.

Meetings of the Commission.

8.—(1.) Meetings of the Commission shall be held at such times and places as the Chairman from time to time determines.

(2.) At any meeting of the Commission the Chairman, and three other representative members shall form a quorum.

(3.) In the event of the illness or absence of the Chairman, the Minister may appoint some other person to be Acting Chairman and the Acting Chairman shall have and may exercise all the powers and functions of the Chairman.

(4.) All questions arising at any meeting of the Commission shall be decided by a majority of votes of the members present at the meeting in person, but if the Chairman dissents from any decision and signifies at the meeting to the other members present in person his intention to bring his dissent to the notice of the Minister, and within twenty-four hours after the close of the meeting transmits to the Minister notice of

his dissent, together with full particulars of the decision, effect shall not be given to the decision unless and until the Minister approves of the decision.

(5.) At any meeting of the Commission the Chairman shall have a deliberate vote, and in the case of an equality of votes, shall also have a casting vote.

(6.) The member who is an officer of the Commonwealth shall not be entitled to vote on any question arising at any meeting of the Commission.

Deputies of members.

9.—(1.) In the event of the illness or absence of any member other than the Chairman, the Minister may appoint a person to be the deputy of that member, and the deputy, at any meeting of the Commission, shall have and may exercise all the powers and functions of a member.

(2.) Any such appointment of a deputy and any acts done by him as such shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or the exercise of his powers had not arisen or had ceased.

Functions of the Commission.

10. The functions of the Commission shall be—

(a) to co-ordinate the use of labour in stevedoring operations;

(b) generally to control and regulate waterside work and stevedoring operations; and

(c) to ensure that adequate provision is made for the protection of waterside workers against injury, and wharves against damage, from or in connexion with attacks by an enemy, with a view to expediting the loading and unloading of ships.

Powers of the Commission.

11. The Commission may make orders, not inconsistent with these Regulations, for the control or regulation of waterside work and stevedoring operations and, in particular, for—

(a) controlling or regulating the engagement of waterside workers;

(b)requiring registered waterside workers to offer for engagement;

(c) prohibiting registered waterside workers from refusing engagements for work as waterside workers;

(d)establishing rosters of waterside workers for such work;

(e) fixing the conditions of work to apply to waterside workers, including conditions as to—

(i) the length and number of shifts;

(ii) meal hours, smoke-ohs and intermissions of work;

(iii) the size of slings and truckloads; and

(iv) work during rain;

(f) prohibiting or varying practices calculated unduly to retard the loading or unloading of ships;

(g)providing for the transfer of waterside workers from any employment to any other employment;

(h)providing for the engagement by the Commission of waterside workers and the employment in stevedoring operations of the waterside workers so engaged;

(i) prescribing, for waterside workers so engaged, fixed or minimum weekly or other periodical rates of pay, additional rates of pay for overtime and increases or other rewards for, or inducements to, expeditious work;

(j) providing for the transfer of waterside workers from any place to any other place, either temporarily or for an indefinite period;

(k)making provisions, in connexion with any such transfer, for the transport of waterside workers, their sustenance while travelling and their accommodation;

(l)providing for the voluntary registration and organization into a Waterside Workers’ Reserve, of persons who are prepared to undertake waterside work when a sufficient number of registered waterside workers is not available for waterside work;

(m)keeping registers of waterside workers and registers of members of the Waterside Workers’ Reserve; and

(n)providing for the control or erection or installation of plant or equipment, or additions or improvements to plant or equipment, used or required for the loading or unloading of ships.

Registers of employers and employees.

12. The Commission may, in respect of any port, establish and maintain—

(a) a register of all employers of waterside workers at that port;

(b) a register of all waterside workers at that port;

(c) a register of all waterside workers who are members of the Commonwealth Naval, Military or Air Forces engaged on war service or who are, in the opinion of the Commission, engaged on essential war-time work, and who produce or have had produced on their behalf satisfactory evidence that they have followed the calling of waterside worker and have derived their main source of livelihood therefrom at that port immediately prior to being so engaged; and

(d)a register of persons in the vicinity of that port who are prepared to undertake waterside work when a sufficient number of waterside workers is not available for waterside work.

Registration of employers and employees.

13.—(1.) An application for registration by an employer desirous of employing waterside workers at a port at which a register is established shall be lodged with an officer or agent of the Commission at that port in accordance with a form approved by the Commission.

(2.) An application for registration by a waterside worker desirous of following his calling at any such port shall be lodged with an officer or agent of the Commission at that port in accordance with a form approved by the Commission.

Issue of tokens of registration.

14. There shall be issued to employers, waterside workers, and members of the Waterside Workers’ Reserve, registered under these Regulations, such tokens of registration as are determined by the Commission and such tokens shall be renewed as and when the Commission determines.

Suspension or cancellation of registration of waterside worker.

15. If the Commission is of opinion that a waterside worker—

(a) has not followed his calling as waterside worker as his chief means of livelihood for the previous six months; or

(b)is not regularly attending the picking-up place or places prescribed by the appropriate award of the Court, or order of the Commission,

the Commission may cancel or suspend his registration for such period as it thinks fit.

Membership of Permanent and Casual Wharf Labourers’ Union of Australia.

16. The Commission shall not—

(a) refuse to register; or

(b) cancel or suspend the registration of,

any waterside worker who is, at the date of commencement of these Regulations, a member of the Permanent and Casual Wharf Labourers’ Union of Australia by reason of the fact that the waterside worker is a member of that organization.

Surrender of token where registration cancelled, or suspended.

17. Any person whose registration has been cancelled or suspended under these Regulations shall surrender his token to an officer or agent of the Commission at the port where the registration has been cancelled or suspended and, in the case of suspension, the token shall be returned to him forthwith at the end of the period of the suspension.

Registers to be open for inspection.

18. The registers kept by the Commission shall be open to inspection within office hours by accredited representatives of the employers, of the Federation or of the Permanent and Casual Wharf Labourers’ Union of Australia.

Unregistered persons not be engage as waterside workers.

19. A person shall not engage as a waterside worker for work on a wharf, pier, jetty, hulk, barge or ship at any port at which a register is established unless that person is or is deemed to be registered under these Regulations and his registration has not been cancelled or suspended.

Unregistered persons not to be employed.

20. A person shall not engage another person as a waterside worker for work on any wharf, pier, jetty, hulk, barge or ship at any port at which a register is established unless that first-mentioned person is or is deemed to be registered under these Regulations and his registration has not been cancelled or suspended.

Restriction on employers.

21. An employer shall not engage for waterside work any member of the Waterside Workers’ Reserve if there is a registered waterside worker available and offering for engagement on that work.

Improper working of cargo or breach of award by employer.

22. If the Commission is of opinion, that an employer or his servant or agent (not being a waterside worker) has acted in a manner whereby the proper working of cargo in any port has been interfered with, or that he has been guilty of a breach of an award of the Court or of an order of the Commission, the Commission may, by order, determine that such employer, servant or agent or all or any of them, shall not take work at loading or unloading cargo for such period as the Commission determines.

Commission may determine that certain waterside workers are not to be employed.

23. If the Commission is of opinion that a registered waterside worker has been guilty of misconduct in a matter relating to or affecting his fitness for employment as a waterside worker or has acted in a manner whereby the proper working of cargo in any port has been interfered with or that he has been guilty of any breach of an award of the Court or of an order of the Commission, the Commission may, by order, determine that such waterside worker shall not accept employment for such period as the Commission determines.

Waterside Employment Committees.

24.—(1.) In respect of any port, the Minister may, on the recommendation of the Commission, appoint, by notice published in the Gazette, a Committee which shall be known as a Waterside Employment Committee.

(2.) The Committee shall consist of three representatives of employers and three representatives of waterside workers who are members of the Federation, together with a representative nominated by the Commission who shall be Chairman of the Committee.

(3.) In the event of the illness or absence of the Chairman, the Minister may appoint some other person to be Acting Chairman and the Acting Chairman shall have and. may exercise all the powers and functions of the Chairman.

(4.) The members of the Committee (other than the Chairman) shall be appointed by the Minister from panels of persons nominated by the employers and the Federation, respectively, and shall hold office during the pleasure of the Minister.

(5.) In the event of the illness or absence of any member, the Minister may appoint a person to be the deputy of that member and the deputy, at any meeting of the Committee, shall have and may exercise all the powers and functions of a member of the Committee.

(6.) Any such appointment of a deputy and any acts done by him as such shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or the exercise of his powers had not arisen or had ceased,

(7.) The Minister may at any time remove any member of the Committee from office but the Minister shall thereupon appoint another member who shall be representative of the same interest as the member removed.

(8.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee giving reasons which in the Chairman’s opinion warrant a meeting of the Committee.

(9.) The Chairman of the Committee may, and shall, upon the request of a member thereof, refer any matter within its powers and functions to the Commission for decision or direction.

(10.) Any decision of the Committee on any matter within its powers and functions, not being a decision in accordance with a direction of the Commission, shall be final except when exercising such powers of the Commission under regulations 15, 22 and 23 of these Regulations as are assigned to it by the Commission, in which case an appeal will lie to a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904–1984 or under that Act as applied and construed by the National Security (Industrial Peace) Regulations.

(11.) The Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of the Committee.

(12.) The Committee may hear such evidence as it thinks fit.

(13.) The Committee may allow any person against whom a complaint has been made under these Regulations to be represented before it by an officer of the organization of which he is a member.

(14.) At any meeting of the Committee the Chairman and three other members shall constitute a quorum.

(15.) All questions arising at any meeting of the Committee shall be decided by a majority of the votes of the members or deputies of members present at the meeting in person.

(16.) The Chairman of the Committee shall have a casting but not a deliberative vote.

(17.) Members of the Committee shall be given at least one day’s notice of a meeting and the nature of the business to be transacted thereat.

(18.) The Chairman and members and deputies of members of the Committee shall be paid such remuneration and travelling allowance (if any) as the Minister, by order, determines.

Powers and functions of Committee.

25. A Committee shall have in relation to the port in respect of which it has been appointed such powers and functions of the Commission as the Commission assigns to it.

Saving

26. Any Committee appointed under the Regulations repealed by these Regulations shall be deemed to have been appointed under these Regulations, any employer or waterside worker registered under those regulations shall be deemed to have been registered under these Regulations and any application for registration made under those Regulations shall be deemed to have been made under these Regulations.

Employment of persons on waterside work.

27. Nothing in these Regulations shall prevent the employment of any person on waterside work in any case where a sufficient number of registered waterside workers or members of the Waterside Workers’ Reserve is not available for that work.

Rights under industrial awards to be paramount.

28. Except as otherwise provided in these Regulations, nothing in these Regulations shall be construed as depriving any employer or waterside worker of any rights under any industrial award, agreement or determination.

 

By Authority: L. F.