National Security (Waterside Employment) Regulations (Cth)

STATUTORY RULES.

1942. No. 19.

 

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 twenty eighth day of January, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Waterside Employment) Regulations. 

Citation.

1. These Regulations may be cited as the National Security (Waterside Employment) Regulations.

Administration.

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

Definitions.

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

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

“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 to which these Regulations apply;

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

 

* Notified in the Commonwealth Gazette on , 1942.

7554.—25/8.1.1942.—Price 5d.

“the Department” means the Department of Labour and National Service

“the Minister” means the Minister of State for Labour and National Service;

“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.

Application of Regulations to specified ports.

4. These Regulations shall apply in relation to waterside workers at the Port of Melbourne and at such ports in the Commonwealth as are specified by the Minister by notice in the Gazette and to those ports.

Waterside Employment Committees.

5.—(1.) In respect of any port to which these Regulations apply, the Minister may appoint a Committee which shall be known as a Waterside Employment Committee.

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

(3.) The appointment of any such Committee shall be notified by the Minister in the Gazette.

(4.) In the event of the illness or absence of the Chairman, the Minister may appoint some other person to act as Chairman and the person so acting shall have all the powers and may exercise all the functions of the Chairman.

(5.) The members of the Committee shall be appointed by the Minister from a panel of persons nominated by the employers and the Federation, respectively, and shall hold office during the pleasure of the Minister.

(6.) 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 shall, at any meeting of the Committee, have all the powers and may exercise all the functions of a member of the Committee.

(7.) The Minister may at any time remove any member of a 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 a 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.) Any decision of a Committee on any matter within its powers and functions shall be final except when exercising its powers under regulations 12, 13 or 14 of these Regulations where an appeal will lie to a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904–1934 or under that Act as applied and construed by the National Security (Industrial Peace) Regulations.

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

(11.) A Committee may hear such evidence as it thinks fit.

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

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

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

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

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

Powers and functions of Waterside Employment Committee.

6. In addition to any other powers conferred by these Regulations, a Committee shall have power—

(a) to maintain a register of all employers of waterside workers at the port in respect of which it is appointed;

(b) to maintain a register of all waterside workers at such port;

(c) to maintain 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 Committee 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 derived their main source of livelihood therefrom immediately prior to such engagement; and

(d) to consider and recommend to the Minister, employers and organizations of waterside workers, means for the better working of, or regulation of the working of, cargo at the port in respect of which it is appointed but such recommendations shall not be inconsistent with any award or order of the Commonwealth Court of Conciliation and Arbitration.

Registration of employers and employees.

7.—(1.) An application for registration by an employer desirous of employing waterside workers at a port to which these regulations apply shall be lodged with the Committee in accordance with a form approved by the Committee.

(2.) An application for registration by a waterside worker desirous of following his calling at any such port shall be lodged with the Committee in a form approved by the Committee.

Issue of tokens of registration.

8. There shall be issued to employers and waterside workers registered by the Committee such tokens of registration as are determined by the Committee and such tokens shall be renewed at least every twelve months.

Registers to be open for inspection.

9. The registers kept by the Committee shall be open to inspection within office hours by accredited representatives of the employers or the Federation.

Unregistered persons not to engage as waterside workers.

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

Unregistered persons not to be employed.

11. 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 to which these Regulations apply unless that first-mentioned person is registered under these Regulations and his registration has not been cancelled or suspended.

Improper working of cargo or breach of award by employer.

12. If the Committee 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 the port has been interfered with or that he has been guilty of a breach of an award of the Commonwealth Court of Conciliation and Arbitration, the Committee may determine that such employer, servant or agent or all or any of them, shall not be allowed to take work at discharging or unloading cargo for such period as the Committee determines.

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

13. If the Committee is of opinion that a 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 the port has been interfered with or that he has been guilty of any breach of an award of the Commonwealth Court of Conciliation and Arbitration, the Committee may determine that such waterside worker shall not be allowed to accept employment for such period as the Committee determines.

Suspension or cancellation of registration of waterside worker.

14. If the Committee is of opinion that a waterside worker—

(a) has not followed his calling of 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 Commonwealth Court of Conciliation and Arbitration,

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

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

15. The Committee 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.

16. Any person whose registration has been cancelled or suspended under these Regulations shall surrender his token to the Chairman of the Committee where the registration has been suspended and the token shall be returned to him forthwith at the end of the period of the suspension.

Rights under industrial awards to be paramount.

17. 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.