Stevedoring Industry (Temporary Provisions) Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No.

 

REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1968.*

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 Stevedoring Industry (Temporary Provisions) Act 1967-1968.

Dated this thirty-first day of October, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provisions) Regulations

Definitions.

1. Regulation 3 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting the definition of “period of qualifying service”.

2. Regulation 3a of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

Reference to first registration as a waterside worker.

“3a. A reference in these Regulations to a date on which a person was first registered as a waterside worker shall be read as a reference—

(a) if the Authority has made a determination under regulation 27na of these Regulations in relation to the person—to the date of commencement of the period of qualifying service so determined; or

(b) in any other case—to the date from which the person has been, or is to be treated for the purposes of Part IIIa. of the Stevedoring Industry Act as having been, continuously registered as a waterside worker.”.

3. After regulation 3c of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Period of qualifying service.

“3d. A reference in these Regulations to the period of qualifying service of a waterside worker whose registration has been, or is to be, cancelled under Part Vb. of these Regulations following the making of a declaration of redundancy at the port at which he was or is registered shall be read as a reference to the period of qualifying service for long service leave of the waterside worker, determined in accordance with the Stevedoring Industry Act, at the date on which the declaration of redundancy was made or, where the Authority has made a determination in relation to the waterside worker under regulation 27na of these Regulations, the period of qualifying service so determined by the Authority.”.

 

* Notified in the Commonwealth Gazette on 6 November 1969.

  Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; and 1969, No. 23.

20624/69 9/23.9.1969

Certain provisions of section 26 of Stevedoring industry Act not to apply.

4. Regulation 11 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting from sub-regulation (1.) the words “Paragraphs (a), (b), (c), (d), (e) and (g)”and inserting in their stead the words “Paragraphs (a), (c), (d), (e) and (g)”.

Employer to be called upon far report before cancellation, or &c., registration of waterside workers.

5. Regulation 12 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting the words “paragraph (aa) or (f)” and inserting in their stead the words “paragraph (aa), (b) or (f)”.

6. After regulation 27n of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Determination by Authority of period of qualifying service.

“27na. Where—

(a) a declaration of redundancy has been made at a port at which a waterside worker is registered;

(b) there has been a break in the continuity of the registration of the waterside worker to which sub-section (4.) of section 45c of the Stevedoring Industry Act does not apply; and

(c) the Authority is of the opinion that it would be equitable to make a determination under this regulation,

the Authority may determine such period as it thinks fit, being a period greater than the period of qualifying service of the waterside worker for long service leave determined, in accordance with the Stevedoring Industry Act, at the date on which the declaration of redundancy was made, to be the period of qualifying service of the waterside worker for the purposes of these Regulations.”.

Period of notice.

7. Regulation 27V of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting from sub-regulation (1.) the words “determined at the date on which the declaration of redundancy was made”.

Payments to waterside workers.

8. Regulation 27Z of the Stevedoring Industry (Temporary Provisions) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “sub-regulation (3.) of regulation 27S or under regulation 27y” and inserting in their stead the words “regulation 27S or regulation 27y”; and

(b) by omitting from sub-regulation (1.) the words “determined at the date on which the declaration of redundancy was made”.

Making of determination by Authority.

9.—(1.) Where—

(a) before the date of commencement of this regulation, the Authority has, under Part Vb. of the Stevedoring Industry (Temporary Provisions) Regulations, cancelled the registration of a waterside worker whose continuity of registration had been broken; and

(b)there has been a break in the continuity of registration of the waterside worker to which sub-section (4.) of section 45c of the Stevedoring Industry Act did not apply,

the Authority may make a determination under regulation 27na of the Stevedoring Industry (Temporary Provisions) Regulations, as amended by these Regulations, in relation to the waterside worker.

(2.) Where the Authority has made a determination in relation to a waterside worker under the last preceding sub-regulation, the Association shall pay to the waterside worker an amount equal to the difference between—

(a) the amount that would have been payable to the waterside worker

 

pursuant to regulation 27z of the Stevedoring Industry (Temporary Provisions) Regulations if the period of qualifying service of the waterside worker at the date of the making of the declaration of redundancy at the port at which he was registered had been the period determined by the Authority; and

(b) the amount that was payable to the waterside worker pursuant to that regulation at the date on which his registration was cancelled.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra