STEVEDORING INDUSTRY.
No. 2 of 1947.
An Act to provide for the Prevention or Settlement by Conciliation or Arbitration of Industrial Disputes in connexion with Stevedoring Operations, to regulate Industrial Matters in connexion with Stevedoring Operations in the course of Trade and Commerce with other Countries or among the States, to regulate and control the Performance of Stevedoring Operations, to provide for the Establishment of a Stevedoring Industry Commission, and for other purposes.
[Assented to 28th March, 1947.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Stevedoring Industry Act 1947.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Crown to be bound.
3. This Act shall bind the Crown in right of the Commonwealth or a State, including any authority of the Commonwealth or a State.
Repeal and saving.
4.—(1.) Part V. of the National Security (Shipping Co-ordination) Regulations is repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-section—
(a) all officers and employees of the Stevedoring Industry Commission constituted under Part V. of the National Security (Shipping Co-ordination) Regulations holding office or employed immediately prior to the commencement of this Act shall continue to hold office or be employed as if they were appointed under this Act;
(b) all rights, property, assets, obligations and liabilities of the Stevedoring Industry Commission constituted under Part V. of the National Security (Shipping Co-ordination) Regulations shall, by force of this section, be vested in or imposed on the Stevedoring Industry Commission constituted under this Act, and, in any contract, agreement or other instrument to which the first-mentioned Commission was a party, any reference to that Commission shall be read as a reference to the Stevedoring Industry Commission constituted under this Act;
(c) all employers and waterside workers registered, or deemed to have been registered, under Part V. of the National Security (Shipping Co-ordination) Regulations shall be deemed to be registered under this Act;
(d) all applications for registration made, or deemed to have been made, under Part V. of the National Security (Shipping Co-ordination) Regulations shall be deemed to have been made under this Act;
(e) the suspension of the registration of a waterside worker under Part V. of the National Security (Shipping Coordination) Regulations shall have effect as if the suspension had been effected under this Act; and (f) all proceedings pending before the Stevedoring Industry Commission under Part V. of the National Security (Shipping Co-ordination) Regulations may be continued by the Stevedoring Industry Commission under this Act.
(3.) The Transport Workers Act 1928 and the Transport Workers Act 1929 are repealed.
Definitions.
5.—(1.) In this Act, unless the contrary intention appears—
“Committee” means a Waterside Employment Committee established under this Act;
“employer” means—
(a) a person…
Overview
The Stevedoring Industry Act 1947 was enacted by the Australian Parliament to address the need for the prevention and settlement of industrial disputes, and to regulate industrial matters and the performance of stevedoring operations in the context of trade and commerce, both international and interstate. This legislation established the Stevedoring Industry Commission to oversee these matters with a view to ensuring the speedy, safe and efficient performance of stevedoring operations, the provision of sufficient waterside workers, and the optimal use of labour. The Act outlines the Commission's composition, powers, and functions, including its role in making awards and orders regarding the wages, hours, and conditions of employment of waterside workers, and in the regulation of the stevedoring industry. The Act also provides for the establishment of Waterside Employment Committees to assist in the execution of the Commission's functions, and sets out provisions for the registration of employers and workers, the suspension and cancellation of registrations, and the imposition of penalties for non-compliance with the Act's provisions.
Scope and Application
The Stevedoring Industry Act 1947 applies to industrial matters and operations related to stevedoring across Australia, encompassing the loading and unloading of cargo from ships, handling and storage of goods at wharves, and other associated activities. The Act applies to employers and waterside workers involved in these operations, with specific registration requirements and restrictions on unregistered individuals from engaging in such activities. The geographical scope of the Act extends to trade and commerce with other countries or among the States and stevedoring operations in a Territory of the Commonwealth. The Act establishes the Stevedoring Industry Commission to manage and regulate these activities, with powers to prevent or settle industrial disputes, regulate industrial matters, and control stevedoring operations. It also includes provisions for the establishment of Waterside Employment Committees and outlines the functions, powers, and financial management of the Commission. The Act does not extend or restrict its application through subordinate instruments but allows the Governor-General to make regulations for carrying out or giving effect to the Act.
Key Provisions
- The Stevedoring Industry Act 1947 establishes the framework for the regulation of stevedoring operations in Australia. The Act establishes the Stevedoring Industry Commission, which is tasked with preventing or settling industrial disputes related to stevedoring operations, regulating industrial matters, and overseeing the performance of these operations in relation to interstate and international trade (sections 12-15). The Commission is composed of a Chairman and four other members, each representing different interests in the industry (section 6).
- The Act imposes several obligations on parties involved in stevedoring operations. Employers and waterside workers are required to register with the Commission (sections 26 and 27), and unregistered individuals cannot be employed in stevedoring work (sections 33 and 34). The Commission has the authority to determine quotas for waterside workers at various ports, suspend or cancel registrations if necessary (sections 28 and 30), and issue tokens of registration (section 32). Employers and waterside workers must comply with any awards, orders, or directions issued by the Commission (section 16), and any contraventions of these provisions may result in penalties (section 16).
- Breaches of the Act, such as failing to comply with an award or order (section 16) or possessing a token without lawful authority (section 32), carry financial penalties. For waterside workers, the penalty is typically five pounds, while for others, it is one hundred pounds. Additionally, the Act includes provisions for the suspension or cancellation of registrations for misconduct or other violations, with the affected parties given an opportunity to show cause why their registration should not be affected (sections 29 and 30). These decisions can be appealed to the Commission, which has the authority to confirm, vary, or set aside the original decision (section 39).
- The Act also outlines the financial operations of the Commission, including the appropriation of funds from the Consolidated Revenue, the power to borrow money, and the requirement to keep accounts and submit annual reports to the Minister (sections 41-50). The Act concludes by stating that the income, property, and operations of the Commission are exempt from various forms of taxation (section 49).
- Area of Law
- Labour Law
- Industrial Relations
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
