Stevedoring Industry (Temporary Provisions) Act 1967 (Cth)
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 [Note: Ceased to have effect]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - TABLE OF PROVISIONS TABLE
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Incorporation
4. Cessation of operation of Act
5. Definitions
5A. Declaration of further special agreements
6. Permanent ports
6A. Constitution of Stevedoring Industry Authority
6B. Period of appointment of Director
6C. Remuneration of Director
6D. Leave of absence of Director
6E. Determination of appointment of Director, &c.
6F. Acting Director
6G. Preservation of rights
6H. Reference to Chairman, &c., to be read as reference to Director
6J. Stevedoring Industry Council
6K. Constitution of Council
6L. Deputies of members
6M. Meetings of the Council
7. Payments by the Authority to the holding company or to another
employer
7A. Payments by Authority to the Association
7B. Refund of part of charge
8. Regulations
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STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 1.
Short title.SECT
An Act relating to the Stevedoring Industry.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Stevedoring Industry (Temporary Provisions) Act 1967-1973.*
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 3.
Incorporation.SECT
3. This Act shall be incorporated and read as one with the Stevedoring Industry Act.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 4.
Cessation of operation of Act.SECT
Amended by No. 52, 1970, s. 3; No. 54, 1972, s. 3; and No. 56, 1973, s. 3.
4. This Act, unless sooner repealed, ceases to be in force on 1st July, 1974,* and shall be deemed to have been repealed on that date.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 5.
Definitions.SECT
Amended by No. 146, 1968, s. 3; and No. 52, 1970, s. 4.
5. In this Act, unless the contrary intention appears-
''annual leave'', in relation to a waterside worker, means annual leave to which the waterside worker has become entitled under an award of the Commission or under a special agreement for weekly hiring;
''casual employment'', in relation to a waterside worker, means employment of the waterside worker as a waterside worker otherwise than on a weekly hiring;
''class A waterside worker'' has the same meaning as in the Stevedoring Industry Charge Assessment Act 1947-1967;
''member'' means a member of the Council;
''special agreement for weekly hiring'', in relation to waterside workers, means a special agreement (including a special agreement that has been incorporated in an award of the Commission) between the employer of the waterside workers and the Waterside Workers' Federation of Australia with respect to the employment, on a weekly hiring, of the waterside workers-
(a) that was entered into, and under which waterside workers were employed, before the operative date; or
(b) that was entered into on or after the operative date and was, in the opinion of the Minister, intended by the parties to it to take the place of an agreement that was entered into, and under which waterside workers were employed, before the operative date;
''the Association'' means The Association of Employers of Waterside Labour, an association registered as an organization under the Conciliation and Arbitration Act 1904-1968;
''the Chairman'' means the Chairman of the Council;
''the Council'' means the Stevedoring Industry Council;
''the Director'' means the person holding the office of Director under this Act;
''the Fund'' has the same meaning as in the Stevedoring Industry Charge Assessment Act 1947-1967;
''the holding company'' means the company registered under the law of the State of New South Wales under the name ''Stevedoring Employers of Australia Limited'';
''the operative date'' means the twenty-seventh day of November, One thousand nine hundred and sixty-seven;
''the Stevedoring Industry Act'' means the Stevedoring Industry Act 1956-1966.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 5A.
Declaration of further special agreements.SECT
Inserted by No. 52, 1970, s. 5.
5A. (1) Where the Minister considers that the employment of waterside workers under a special agreement (including a special agreement that has been incorporated in an award of the Commission) between an employer of waterside workers and a Union with respect to the employment, on a weekly hiring, of the waterside workers (not being a special agreement for weekly hiring for the purposes of this Act) is in the interests of the efficiency of the stevedoring operations concerned and does not detrimentally affect the general arrangements for the employment of waterside workers, on a weekly hiring, at permanent ports, the Minister may, by instrument in writing, declare the special agreement-
(a) to be, as from a date specified in the declaration, a special agreement for weekly hiring for the purposes of this Act; or
(b) to be, and to be deemed to have been as from a date specified in the declaration (being a date earlier than the date of the declaration but not earlier than the date of commencement of this section), a special agreement for weekly hiring for the purposes of this Act.
(2) A declaration under this section shall be notified in the Gazette.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6.
Permanent ports.SECT
6. (1) Where the Minister is satisfied that, as from a particular date, not being a date before the commencement of this Act, employment as waterside workers on a weekly hiring has been available at a port for all registered regular waterside workers at the port, the Minister may, by instrument in writing, declare the port to be, and to be deemed to have been as from that date, a permanent port for the purposes of this Act.
(2) A declaration under this section shall be notified in the Gazette.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6A.
Constitution of Stevedoring Industry Authority.SECT
Inserted by No. 52, 1970, s. 6.
6A. (1) On the first day of July, One thousand nine hundred and seventy-
(a) the Australian Stevedoring Industry Authority ceases to be constituted in accordance with sub-section (1) of section 10 of the Stevedoring Industry Act; and
(b) each member of the Australian Stevedoring Industry Authority holding office immediately before that date ceases to hold office.
(2) On and after the first day of July, One thousand nine hundred and seventy, the Australian Stevedoring Industry Authority shall consist of a Director, who shall be appointed by the Governor-General.
(3) The corporate existence of the Australian Stevedoring Industry Authority is not affected by the change in its constitution made by this section.
(4) This section has effect notwithstanding any provision of the Stevedoring Industry Act.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6B.
Period of appointment of Director.SECT
Inserted by No. 52, 1970, s. 6.
6B. The Director shall be appointed for such period, being a period ending before the date specified in section 4 of this Act, as the Governor-General specifies in the instrument of appointment, but is eligible for re-appointment.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6C.
Remuneration of Director.SECT
Inserted by No. 52, 1970, s. 6.
Sub-section (1) substituted by No. 126, 1970, s. 3; amended by No. 22, 1971, s. 3.
6C. (1) The Director shall be paid salary at the rate of Twelve thousand five hundred and thirty-one dollars a year.*
Substituted by No. 126, 1970, s. 3.(2) The Director shall be paid such allowances as are prescribed.
(3) If the Director is a member of the Commission or is a Conciliator under the Conciliation and Arbitration Act 1904-1969, he is not entitled to receive any salary or allowances in respect of his office as a member of the Commission or as a Conciliator, but his holding of that office is not affected by reason of his holding office as the Director.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6D.
Leave of absence of Director.SECT
Inserted by No. 52, 1970, s. 6.
6D. The Minister may grant leave of absence to the Director on such terms and conditions as to remuneration or otherwise as the Minister determines.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6E.
Determination of appointment of Director, &c.SECT
Inserted by No. 52, 1970, s. 6.
6E. (1) The Governor-General may terminate the appointment of the Director for misbehaviour or physical or mental incapacity.
(2) If the Director-
(a) engages in paid employment outside the duties of his office;
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or
(c) is absent from duty, except on leave of absence granted by the Minister, for fourteen consecutive days or for twenty-eight days in any twelve months,
the Governor-General shall declare, by notice in the Gazette, that the appointment of the Director has ceased to have effect, and thereupon the office shall be deemed to be vacant.
(3) The Director may resign his office by writing under his hand addressed to the Governor-General.
(4) A resignation under this section does not have effect until accepted by the Governor-General.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6F.
Acting Director.SECT
Inserted by No. 52, 1970, s. 6.
6F. (1) Where-
(a) there is a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or
(b) the Director is, or is about to be, absent from Australia or is, for any reason, unable to perform the functions of his office,
the Minister may appoint-
(c) an officer of the Authority;
(d) an officer of the Public Service of the Commonwealth; or
(e) any other person,
to act as the Director until the filling of the vacancy or during the absence or inability.
(2) The Minister may, at any time, terminate the appointment of an acting Director.
(3) A person appointed to act as the Director until the filling of a vacancy in the office of Director shall not continue so to act after the expiration of three months from-
(a) the occurrence of the vacancy; or
(b) if an appointment has not previously been made to the office-the commencement of this section.
(4) An acting Director has all the powers and shall perform all the duties of the Director.
(5) An acting Director shall be paid salary and allowances at such rates (if any), not exceeding the rates applicable to the Director, as the Minister determines.
(6) The validity of an act done by a person appointed under this section shall not be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or that the appointment had ceased to have effect.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6G.
Preservation of rights.SECT
Inserted by No. 52, 1970, s. 6; amended by No. 216, 1973, s. 3.
6G. Where the Director was, immediately before his appointment as Director, an officer of the Public Service of the Commonwealth, he retains his existing and accruing rights and, for the purpose of determining those rights, his service as the Director shall be taken into account as if it were service in the Public Service of the Commonwealth.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6H.
Reference to Chairman, &c., to be read as reference to Director.SECT
Inserted by No. 52, 1970, s. 6.
6H. A reference in-
(a) the Stevedoring Industry Act;
(b) the Stevedoring Industry Charge Assessment Act 1947-1967; or
(c) the Conciliation and Arbitration Act 1904-1969,
to the Chairman of the Authority or to a member of the Authority shall be read as including a reference to the Director.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6J.
Stevedoring Industry Council.SECT
Inserted by No. 52, 1970, s. 6.
6J. (1) For the purposes of this Act and of the Stevedoring Industry Act, there shall be a Stevedoring Industry Council.
(2) The functions of the Council are-
(a) to advise the Minister-
(i) on the operation of arrangements for the employment of waterside workers at ports; and
(ii) on the adoption of new arrangements for the employment of waterside workers at ports other than permanent ports,
and, for that purpose, to undertake any necessary inquiries;
(b) to consider, and advise the Minister on, any matter in connexion with the stevedoring industry that the Minister refers to the Council for advice; and
(c) to endeavour to secure amicable agreement on industrial questions within the meaning of Division 4 of Part III of the Conciliation and Arbitration Act 1904-1969.
(3) Where-
(a) the Council proposes to give advice to the Minister; and
(b) a member of the Council dissents from the proposed advice and furnishes to the Chairman or other person presiding at the meeting of the Council a statement of the dissenting opinion of the member,
the Council shall, when giving its advice to the Minister, furnish with the advice a copy of the statement of the dissenting opinion.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6K.
Constitution of Council.SECT
Inserted by No. 52, 1970, s. 6. Sub-section (1) amended by No. 216, 1973, s. 3.
6K. (1) The Council shall consist of-
(a) the Chairman of the Council;
(b) the person holding the office of, or acting as, the Director;
(c) one member to represent the Australian Council of Trade Unions;
(d) two members to represent the Waterside Workers' Federation of Australia;
(e) three members to represent registered employers; and
(f) one member to represent the Department of Labour.
(2) A member of the Council (other than the member referred to in paragraph (b) of the last preceding sub-section) shall be appointed by the Minister.
(3) The Council may, at any meeting, co-opt a person to be a member of the Council for the purpose of the consideration by the Council of a particular matter.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6L.
Deputies of members.SECT
Inserted by No. 52, 1970, s. 6.
6L. (1) A member (other than the Chairman) may, by instrument in writing, appoint a person to be his deputy at a meeting of the Council specified in the instrument.
(2) A deputy of a member is entitled, in the event of the absence of the member from the meeting to which the appointment of the deputy relates, to attend that meeting and, when so attending, shall be deemed to be a member.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 6M.
Meetings of the Council.SECT
Inserted by No. 52, 1970, s. 6.
6M. (1) The Council shall meet at such times, and in such places, as it determines.
(2) The Chairman may, if at any time he thinks it necessary, and shall, if the Minister so requests, convene a meeting of the Council.
(3) The Chairman shall preside at all meetings of the Council at which he is present.
Amended by No. 216, 1973, s. 3.(4) In the event of the absence of the Chairman from a meeting of the Council, the member representing the Department of Labour shall preside at that meeting.
Amended by No. 216, 1973, s. 3.(5) At a meeting of the Council-
(a) a member representing the Waterside Workers' Federation of Australia;
(b) a member representing registered employers; and
(c) three other members of whom one is the Chairman or the member representing the Department of Labour,
constitute a quorum.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 7.
Payments by the Authority to the holding company or to another employer.SECT
Sub-section (1) substituted by No. 146, 1968, s. 4; amended by No. 52, 1970, s. 7.
7. (1) Subject to any direction of the Minister, the Authority may make payments to the holding company for the purpose of meeting the cost to the holding company of-
(a) wages paid, on or after the operative date, to a registered regular waterside worker at a permanent port (other than a waterside worker employed in accordance with a special agreement for weekly hiring) in respect of shifts during which the waterside worker was available for work but was not required to work; and
* * * * * * * *
(e) contributions to the Fund paid, or to be paid, on or after the operative date, by the holding company on behalf of the Association.
Added by No. 52, 1970, s. 7.(2) Subject to any direction of the Minister, the Authority may make payments to the holding company or to an employer or former employer of waterside workers for the purpose of meeting the cost to the holding company or to the employer or former employer, as the case may be, of paying to a person who is or was a registered regular waterside worker employed on a weekly hiring-
(a) an amount of wages in respect of a period of annual leave attributable to a period of casual employment as a waterside worker; or
(b) an amount in lieu of annual leave attributable to a period of casual employment as a waterside worker.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 7A.
Payments by Authority to the Association.SECT
Inserted by No. 146, 1968, s. 4.
7A. Subject to any direction of the Minister, the Authority may make payments to the Association for the purpose of meeting the cost to the Association of payments made, or to be made, in accordance with the regulations in respect of waterside workers whose registration under the Stevedoring Industry Act at a port has been or is cancelled on the ground that the number of waterside workers at the port is more than the number required for the proper and effective conduct of stevedoring operations at the port.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 7B.
Refund of part of charge.SECT
Inserted by No. 146, 1968, s. 4; amended by No. 52, 1970, s. 8.
7B. Subject to any direction of the Minister, where the Authority is satisfied that-
(a) an employer has, on or after the operative date, employed class A waterside workers in accordance with a special agreement for weekly hiring; and
(b) the employer has paid the charge imposed by the Stevedoring Industry Charge Act 1947-1967 in respect of that employment,
the Authority may pay to the employer an amount equal to such part of the charge so paid as the Authority considers appropriate having regard to the proportion of the amounts paid to the Authority under section 46 of the Stevedoring Industry Act that, from time to time, is applied by the Authority for the purpose of meeting the cost to the holding company of the wages referred to in paragraph (a) of sub-section (1) of section 7 of this Act.
STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - SECT. 8.
Regulations.SECT
Sub-section (1) amended by No. 52, 1970, s. 9; and No. 56, 1973, s. 4.
8. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed and-
(a) making such provision as is necessary or convenient to take account of any changes in the organization of the stevedoring industry consequent upon the introduction at permanent ports of a scheme of employment for waterside workers on a weekly hiring or upon the introduction at ports, other than permanent ports, of schemes of employment for waterside workers, whether on a weekly hiring or on some other basis, or of the establishment or operation of the Fund, being provision-
(i) with respect to the performance of stevedoring operations;
(ii) to ensure that a sufficient number of waterside workers of the necessary physical fitness, and with the necessary competence and efficiency, is available for the performance of stevedoring operations;
(iii) to ensure that the labour of waterside workers available for stevedoring operations is used to the best advantage; or
(iv) with respect to disciplinary measures applicable to registered waterside workers;
(b) making provision in relation to long service leave for registered waterside workers; and
(c) making such provision as is necessary or convenient to be made to complement, or as is incidental to the operation of, any provision made under either of the last two preceding paragraphs.
Amended by No. 56, 1973, s. 4.(2) Without limiting the generality of the last preceding sub-section, regulations under that sub-section may-
(a) make provision with respect to-
(i) the registration of waterside workers, or the cancellation or suspension of the registration of registered waterside workers, at ports; or
(ii) the transfer of the names of registered waterside workers from Part A of the register of waterside workers at a permanent port or continuous port to Part B of that register;
(b) confer powers on the Authority; and
(c) prohibit the Authority from exercising a specified power conferred on it by the Stevedoring Industry Act.
(3) Where regulations made under this Act are inconsistent with the Stevedoring Industry Act or with regulations made under that Act, the regulations made under this Act prevail and the Stevedoring Industry Act or the regulations made under that Act, as the case may be, cease, to the extent of the inconsistency, to have any force or effect.
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STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967 - NOTES
NOTES
1. The Stevedoring Industry (Temporary Provisions) Act 1967-1973 comprises the Stevedoring Industry (Temporary Provisions) Act 1967 as amended by the other Acts specified in the following table:
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Number Date of Date of
Act and year Assent commencement
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Stevedoring Industry
(Temporary Provisions)
Act 1967 No. 109, 1967 14 Nov 1967 14 Nov 1967
Stevedoring Industry
(Temporary Provisions)
Act 1968 No. 146, 1968 9 Dec 1968 9 Dec 1968
Stevedoring Industry
(Temporary Provisions)
Act 1970 No. 52, 1970 24 June 1970 Ss. 4 (a), 4 (c), 7
and 8:
27 Nov 1967
Remainder: Royal
Assent
Stevedoring Industry
(Temporary Provisions)
Act (No. 2) 1970 No. 126, 1970 11 Nov 1970 11 Nov 1970
Salaries Act 1971 (a) No. 22, 1971 4 May 1971 14 Jan 1971
Stevedoring Industry
(Temporary Provisions)
Act 1972 No. 54, 1972 7 June 1972 7 June 1972
Stevedoring Industry
(Temporary Provisions)
Act 1973 No. 56, 1973 18 June 1973 18 June 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Salaries Act 1971 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.
2.-S. 4-By the Stevedoring Industry (Temporary Provisions) Act 1974, the date 1 July 1976 has been substituted for the date 1 July 1974.
3.-S. 6C (1)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Director of the Australian Stevedoring Industry Authority is $14,479.
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