STEVEDORING INDUSTRY.
No. 39 of 1949.
An Act to provide for the Prevention or Settlement by Conciliation or Arbitration of Industrial Disputes, extending beyond the limits of any one State, in connexion with Stevedoring Operations; to regulate Industrial Matters in connexion with, and to regulate and control the Performance of, Stevedoring Operations in the course of Trade and Commerce with other Countries or among the States; and for other purposes.
[Assented to 18th July, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Stevedoring Industry Act 1949.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—The Australian Stevedoring Industry Board.
Part III.—Registration of Employers and Waterside Workers.
Part IV.—Waterside Employment Committees.
Part V.—Jurisdiction of the Court.
Part VI.—Financial Provisions.
Part VII.—Miscellaneous.
Crown to be bound.
4. 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.
5.—(1.) The Stevedoring Industry Act 1947 and the Stevedoring Industry Act 1948 are repealed.
(2.) Any reference in any other Act to the Stevedoring Industry Act 1947, or to that Act as amended, shall be read as a reference to this Act.
(3.) Notwithstanding the repeal effected by this section—
(a) all rights, property, assets, obligations and liabilities of the Stevedoring Industry Commission constituted under the Stevedoring Industry Act 1947–1948 shall, by force of this section, be vested in or imposed on the Australian Stevedoring Industry Board constituted under this Act, and, in any contract, agreement or other instrument to which the Stevedoring Industry Commission constituted under Part V. of the National Security (Shipping Co-ordination) Regulations or the Stevedoring Industry Commission constituted under the Stevedoring Industry Act 1947–1948 was a party, any reference to either of those Commissions shall be read as a reference to the Australian Stevedoring Industry Board constituted under this Act;
(b) all employers and waterside workers registered, or deemed to have been registered, under the Stevedoring Industry Act 1947–1948 shall be deemed to be registered under this Act;
(c) all applications for registration made, or deemed to have been made, under the Stevedoring Industry Act 1947–1948 shall be deemed to have been made under this Act;
(d) the suspension of the registration of an employer or of a waterside worker under the Stevedoring Industry Act 1947–1948 shall have effect as if the suspension had been effected under this Act;
(e) all matters (not being matters referred to in the next succeeding paragraph) pending under the Stevedoring Industry Act 1947–1948 may be dealt with by the Board in accordance with this…
Overview
The Stevedoring Industry Act 1949 was enacted to address the need for a coordinated and regulated approach to industrial disputes and operations within the stevedoring industry, especially those that span across state borders or involve international trade. This Act was introduced by the Parliament of Australia and aimed to ensure the efficient, safe, and speedy performance of stevedoring operations by establishing the Australian Stevedoring Industry Board, which was tasked with regulating and controlling these operations. The policy objective was to maintain industrial harmony and address disputes through conciliation or arbitration, thereby preventing disruptions in trade and commerce related to stevedoring activities.
Scope and Application
The Stevedoring Industry Act 1949 applies to employers, waterside workers, stevedoring operations, and industrial disputes that extend beyond the limits of any one state in the context of stevedoring activities. It encompasses entities and individuals involved in stevedoring operations, including the loading and unloading of cargo, handling of cargo and other goods, and the operation of mechanical appliances at wharves and ports. The Act operates at the Commonwealth level and regulates stevedoring operations conducted in the course of trade and commerce with other countries or among the states, as well as within territories of the Commonwealth. It does not explicitly state exclusions, but it is implied that certain activities or individuals not directly involved in stevedoring operations may not be subject to the Act's provisions. The application and operation of the Act can be extended or modified through subordinate instruments, such as regulations made under section 55.
Key Provisions
- The Stevedoring Industry Act 1949 establishes a framework for the regulation of stevedoring operations, the resolution of industrial disputes, and the management of relations between employers and waterside workers within the stevedoring industry in Australia. The Act includes provisions for the establishment of the Australian Stevedoring Industry Board (Sections 7–18), which is tasked with regulating and controlling stevedoring operations, ensuring the availability of waterside workers, and providing necessary amenities for these workers. The Board has the authority to make orders and directions that have the force of law, with penalties for non-compliance set at £5 for waterside workers and £100 for others (Sections 16–18).
- The Act imposes obligations on employers and waterside workers to register with the Board, subject to its discretion (Sections 20–25). It also mandates that only registered waterside workers can be employed at ports where a register is established, with penalties for non-compliance (Sections 27–28). Furthermore, the Act requires the establishment of Waterside Employment Committees at each port to assist in the management of employment relations and to advise the Board (Sections 30–31).
- In terms of industrial disputes, the Commonwealth Court of Conciliation and Arbitration is empowered to prevent or settle disputes through conciliation or arbitration, regulate industrial matters, and determine terms and conditions of service, including rates of pay for waterside workers (Sections 33–36). The Act also outlines the procedures for the interpretation of orders and awards, the limitation of the Court’s jurisdiction, and the process for referring questions of law to a Full Court (Sections 35–40).
- The Act includes provisions for the financial management of the Board, including the payment of a stevedoring industry charge, the power to borrow money, and the maintenance of accounts and reserves (Sections 41–47). It also allows for the Board to intervene in matters before the Court, mandates the furnishing of information to the Board, and requires the submission of an annual report to the Minister (Sections 50–54).
- Breaches of the Act can result in various civil and criminal consequences, including fines for non-compliance with registration requirements and for refusing to furnish information or produce documents as required by the Board (Sections 27–29, 53). The Act also specifies penalties for contravening orders or directions made by the Board, with different penalties for waterside workers and others (Sections 17–18).
- Area of Law
- Industrial Law
- Labor Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Enforcement Powers
- Reporting & Disclosure Obligations
- Civil Penalty Provisions
- Review & Sunset Clauses