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 twenty-first day of February, 1969.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provisions) Regulations

Parts.

1. Regulation 2 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by inserting after the words—

“Part V.—Allocation of Labour (Regulations 24-27).”

the words—

“Part Va.—Registration of Waterside Workers at Continuous Ports (Regulations 27a-27f).

Part Vb.—Redundancy of Waterside Workers.

Division 1.—Preliminary (Regulations 27g-27j).

Division 2.—Making of Declarations of Redundancy (Regulations 27k-27p).

Division 3.—Cancellation of Registration of Redundant Waterside Workers at Permanent Ports (Regulations 27q-27v).

Division 4.—Cancellation of Registration of Redundant Waterside Workers at Continuous Ports other than Permanent Ports (Regulations 27w-27y).

Division 5.—Payments to Transferred and Redundant Waterside Workers (Regulations 27z-27za).”.

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 Regulation 3 of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

Definitions.

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

‘declaration of redundancy’ means a declaration of redundancy made by the Authority under regulation 27n of these Regulations;

‘direction’ means a direction of the Authority under these Regulations;

 

* Notified in the Commonwealth Gazette on 1969.

  Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119.

23211/68 Price 20c 16/14.2.1969

‘employment office’ means an employment office for waterside workers conducted by a registered employer or by the holding company and includes an employment bureau;

‘employer’, in relation to a waterside worker employed on a weekly hiring, means—

(a) where the waterside worker is so employed by a registered employer—the registered employer; or

(b) where the waterside worker is so employed by the holding company—the holding company;

‘Part II. of the Waterside Workers’ Award’ means Part II. of the award of the Commission known as The Waterside Workers’ Award, 1960, and includes that Part as amended from time to time;

‘period of notice’, in relation to a waterside worker, means the period determined in relation to that waterside worker in accordance with regulation 27v of these Regulations;

‘period of qualifying service’, in relation to a waterside worker, means the period of qualifying service for long service leave determined in relation to that waterside worker in accordance with the Stevedoring Industry Act;

‘the Chairman’ means the Chairman of the National Stevedoring Industry Conference, and includes a person for the time being acting as Chairman of the National Stevedoring Industry Conference;

‘the Department’ means the Department of Labour and National Service;

‘the National Stevedoring Industry Conference’ means the conference constituted by representatives of the Association, the Australian Council of Trade Unions, the Waterside Workers’ Federation of Australia, the Authority and the Department;

‘waterside worker’ means a registered regular waterside worker.”.

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

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 to the date from which he 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.

Reference to number specified in declaration of redundancy.

“3b. Unless the contrary intention appears, a reference in these Regulations to the number specified in a declaration of redundancy shall be read, in relation to a port, as a reference to the number specified in the declaration of redundancy last made in respect of that port as the number to which the number of waterside workers registered at the port shall be reduced.

Seniority of waterside workers.

“3c.—(1.) A reference in these Regulations to the seniority date of a waterside worker shall be read as a reference to—

(a) subject to the next succeeding paragraph, the date on which he was first registered as a waterside worker; or

(b) where the Authority has determined a date under sub-regulation (7.) of regulation 27h of these Regulations to be the seniority date of that waterside worker—the date so determined by the Authority.

“(2.) For the purposes of these Regulations, a waterside worker is senior to another waterside worker if—

(a) his seniority date is earlier than the seniority date of that other waterside worker; or

(b) where the two waterside workers have the same seniority date—he is determined by lot drawn by the Authority to be senior to that other waterside worker.”.

4. After Part V. of the Stevedoring Industry (Temporary Provisions) Regulations the following Pants are inserted:—

“Part Va.—Registration of Waterside Workers at Continuous Ports.

Procedure for determining maximum permissible strength.

“27a.—(1.) Subject to this regulation, the Authority shall determine a maximum permissible strength for each continuous port, that is to say, the number of waterside workers registered at the port that may not, subject to these Regulations, be exceeded by the transfer to that port of a waterside worker registered at another port.

“(2.) A determination by the Authority under the last preceding sub-regulation shall be made within twenty-one days—

(a) in relation to a port that was, immediately before the commencement of this regulation, a continuous port—after the date of commencement of this regulation; or

(b) in relation to any other port—after the date of commencement of regulations made under the Stevedoring Industry Act providing that the port is a continuous port for the purposes of that Act.

“(3.) Where, not less than seven days before the expiration of the period of twenty-one days referred to in the last preceding sub-regulation in relation to a port, the Authority is notified in writing by the Association and the Union that they have agreed on a maximum permissible strength for the port, the Authority shall determine the maximum permissible strength so agreed upon to be the maximum permissible strength for the port.

Variation of maximum permissible strength.

“27b.—(1.) At any time after a determination by the Authority of the maximum permissible strength for a port takes effect, the Association or the Union may, by notice in writing, request the Union or the Association, as the case may be, to consult with a view to applying to the Authority to vary the maximum permissible strength for the port.

“(2.) Where the Association and the Union jointly apply in writing to the Authority to vary the maximum permissible strength for a port to a number specified in the application, the Authority shall determine the number so specified to be the maximum permissible strength for the port.

“(3.) If, within twenty-one days after the date on which a notice is given under sub-regulation (1.) of this regulation, the Association and the Union have not agreed on a variation of the maximum permissible strength for the port, the organization giving the notice may apply in writing to the Authority to vary the maximum permissible strength for the port.

“(4.) Where an application is made under the last preceding sub-regulation, the Authority may make a further determination of the maximum permissible strength for the port.

Variation of maximum permission strength at redundancy ports.

“27c—(1.) Subject to this regulation, the Authority shall, within twenty-one days After the date on which a declaration of redundancy at a port is made, make a further determination of the maximum permissible strength for that port.

“(2.) If, within fourteen days after the date of making of a declaration of redundancy at a port, the Association and the Union jointly apply in writing to the Authority to vary the maximum permissible strength for the port to a number specified in the application, the Authority shall determine the number so specified to be the maximum permissible strength for the port.

Commencement of determination of maximum permissible strength.

“27d.—(1.) A determination by the Authority under any of the last three preceding regulations shall take effect on such date as is specified by the Authority in the determination.

“(2.) The Authority shall, not later than seven days after the date on which such a determination is made, serve a copy of the determination on each of the Association and the Union.

Restriction on registration of waterside worker.

“27e.—(1.) Where a waterside worker registered at another port applies for registration as a waterside worker at a continuous port and—

(a) the number of waterside workers registered at the port is equal to or exceeds the maximum permissible strength for the port specified in the determination in respect of that port that last took effect under the last preceding regulation;

(b) an application for the making of a declaration of redundancy at the port has been made and the application has not been determined; or

(c) the person applying for registration is registered as a waterside worker at a port in respect of which an application has been made for the making of a declaration of redundancy and—

(i) the application has not been determined; or

(ii) a declaration of redundancy has been made and the person is not a person who may, under the provisions of regulation 27t or regulation 27x of these Regulations, be registered at the port,

the Authority shall not register the person as a waterside worker at the port.

“(2.) In determining the number of waterside workers registered at a port for the purpose of paragraph (a) of the last preceding sub-regulation, a waterside worker who was previously registered at the port and whose registration was cancelled as a consequence of his having been registered at another port to meet a seasonal or other temporary demand for labour at that other port shall be deemed, while he is so registered at that other port, to be a waterside worker registered at the port.

“(3.) Sub-regulation (1.) of this regulation does not apply in relation to—

(a) a port at which there is in operation—

(i) a quota determined by the Authority for a specified period by reason of a seasonal or other temporary demand for labour at the port; or

(ii) a declaration made by the Authority under sub-section (2.) of section 30 of the Stevedoring Industry Act;

(b) a person who—

(i) is registered as a waterside worker at another port;

(ii) was registered as a waterside worker at that other port to meet a seasonal or other temporary demand for labour at that other port;

(iii) was, immediately prior to being so registered at that other port, registered as a waterside worker at the continuous port; and

(iv) has applied to be registered as a waterside worker at the continuous port not later than seven days after such date as is specified by the Authority as the date of termination of the seasonal or other temporary demand for labour at the other port; or

(c) an application by a waterside worker to be registered as a waterside worker at a port if—

(i) the port is not a port to which paragraph (b)of that sub-regulation applies;

(ii) the waterside worker is not a person to whom paragraph (c) of that sub-regulation applies; and

(iii) the Authority has determined that that sub-regulation does not apply to the application.

“(4.) Where the continuous port referred to in paragraph (b)of the last preceding sub-regulation is a permanent port in respect of which a declaration of redundancy has been made, the reference in that paragraph to a person does not include a reference to a waterside worker whose registration would have been cancelled under the provisions of regulation 27u of these Regulations if he had been registered as a waterside worker at the port on the date on which the declaration of redundancy was made.

Cancellation of registration of waterside workers on termination of seasonal demand for labour.

“27f. Where a waterside worker has been registered at a continuous port to meet a seasonal or other temporary demand for labour at the port, the Authority shall, nothwithstanding anything contained in the Stevedoring Industry Act, cancel his registration at that port at the expiration of seven days, or such longer period as the Authority determines, after the date specified by the Authority as the date of termination of the seasonal or other temporary demand for labour.

“Part Vb.—Redundancy of Waterside Workers.

“Division 1.—Preliminary.

Registered waterside workers in excess of quota.

“27g. After the commencement of this regulation, the Authority may not exercise, in relation to a permanent port, the powers conferred by section 32 of the Stevedoring Industry Act.

List of order of seniority.

“27h.—(1.) The Authority shall, in accordance with this regulation, compile in respect of each permanent port a list of names of waterside workers registered at the port.

“(2.) The list for a port shall be compiled within two months—

(a) in relation to a port that was, immediately before the commencement of this regulation, a permanent port—after the date of commencement of this regulation; or

(b) in relation to any other port—after the date on which the port is declared to be a permanent port.

“(3.) Where a waterside worker becomes registered at a permanent port after the list for that port has been compiled, the Authority shall enter his name on the list for that port.

“(4.) The names of the waterside workers registered at a permanent port shall be so entered on the list for that port that the name of a waterside worker whose seniority date is earlier than the seniority date of another waterside worker is entered on the list above the name of that other waterside worker.

“(5.) The Authority shall, before making a declaration of redundancy at a permanent port, supply to each of the Association and the Union a copy, certified by the Authority to be a true copy, of the list for that port compiled in accordance with the preceding provisions of this regulation.

“(6.) The Union may, if it is of the opinion that the seniority of a waterside worker registered at a permanent port should be determined by reference to a date other than the date on which he was first registered as a waterside worker, request the Authority to make a determination under the next succeeding sub-regulation.

“(7.) Where a request is made to the Authority under the last preceding sub-regulation, the Authority may, if it is of the opinion that it would be equitable to do so, determine such date as it thinks fit, being a date other than the date on which the waterside worker was first registered as a waterside worker, to be the seniority date of that waterside worker.

“(8.) Where the Authority makes a determination in relation to a waterside worker under the last preceding sub-regulation, it shall, if necessary, amend the list for the port at which that waterside worker is registered by placing his name on the list in the order determined in accordance with sub-regulation (4.) of this regulation.

Certain waterside workers registered in Brisbane not to be affected.

“27j. Notwithstanding anything contained in this Part, the registration of a waterside worker who—

(a) is registered as a waterside worker at the port of Brisbane;

(b) was first so registered on or after the first day of August, 1968;

(c) was, immediately prior to the date on which he was first so registered, employed on a weekly hiring in stevedoring operations at that port; and

(d) remains in the employment of the employer by whom he was so employed on the date on which he was first so registered,

may not be cancelled under the provisions of this Part.

“Division 2.—Making of Declarations of Redundancy.

Application for declaration of redundancy at a permanent port.

“27k.—(1.) The Association may at any time—

(a) after the commencement of this regulation; or

(b) after the expiration of nine months after the date on which the port was declared to be a permanent port,

whichever is the later, give notice in writing to the Union that it wishes to confer with the Union with a view to applying to the Authority for a declaration of redundancy at a permanent port.

“(2.) The Association shall serve on the Authority a copy of the notice given under the last preceding sub-regulation.

“(3.) The Association and the Union may, if they agree that the making of a declaration of redundancy at the port is desirable, jointly apply to the Authority for a declaration of redundancy at the port.

“(4.) If, within fourteen days after the date of the notice given under sub-regulation (1.) of this regulation, the Association and the Union have not agreed to apply for a declaration of redundancy at the port, the Association may apply to the Authority for a declaration of redundancy at the port.

Application for declaration of redundancy at a continuous port other than a permanent port.

“27l.—(1.) The Association or the Union may, in respect of a continuous port that is not a permanent port, by notice in writing request the Union or the Association, as the case may be, to consult with a view to applying to the Authority for a declaration of redundancy at the port.

“(2.) A copy of the notice given under the last preceding sub-regulation shall be served on the Authority.

“(3.) The Association and the Union may, if they agree that the making of a declaration of redundancy at the port is desirable, jointly apply to the Authority for a declaration of redundancy at the port.

Particulars to be specified in application.

“27m. An application for a declaration of redundancy shall be in writing and shall, specify—

(a) the number to which the number of waterside workers registered at the port is sought to be reduced;

(b) the date from which it is desired that the declaration of redundancy should operate; and

(c) in the case of an application made under the last preceding regulation—the names of waterside workers registered at the port who have volunteered—

(i) to be transferred to other ports; or

(ii) otherwise to have their registration cancelled.

Making or declaration of redundancy.

“27n.—(1.) Subject to the next succeeding sub-regulation, the Authority shall, as soon as practicable after receiving an application for a declaration of redundancy, determine whether a declaration should be made.

“(2.) The Authority shall, before determining whether a declaration of redundancy should be made—

(a) consult with the Association and the Union; and

(b) make such other inquiries, if any, as it thinks fit.

“(3.) If the Authority is of the opinion that the number of waterside workers registered at the port is more than the number required for the proper and effective conduct of stevedoring operations at the port, the Authority may make a declaration of redundancy.

“(4.) Subject to the next three succeeding sub-regulations, a declaration of redundancy shall specify—

(a) the date on which it is to come into operation;

(b) the number to which the number of waterside workers registered at the port shall be reduced; and

(c) the other ports, if any, to which waterside workers registered at the port may be transferred and the maximum number of waterside workers in each classification specified in the declaration of redundancy that may be so transferred to each of those other ports.

“(5.) The number specified in a declaration of redundancy shall not be less than the number of waterside workers that is, in the opinion of the Authority, sufficient for the proper and effective conduct of stevedoring operations at the port.

“(6.) The number specified in a declaration of redundancy at a continuous port that is not a permanent port shall not be less than the number specified in the application for a declaration of redundancy as the number to which the number of waterside workers registered at the port should be reduced.

“(7.) A declaration of redundancy at a permanent port shall not specify a date on which it is to come into operation that is a date earlier than two months after the date of the application for the declaration of redundancy or earlier than one month after the date on which the declaration of redundancy is made.

 

Determination of now quota.

“27p.—(1.) If the quota determined by the Authority under the Stevedoring Industry Act for a port in respect of which a declaration of redundancy is made is greater than the sum of the number specified in the declaration of redundancy and the number of registered irregular waterside workers registered at the port, the Authority shall determine another quota for the port.

“(2.) The quota so determined shall not be greater than the sum of the number specified in the declaration of redundancy and the number of registered irregular waterside workers registered at the port.

“(3.) The quota so determined shall take effect not later than the date on which the declaration of redundancy comes into operation.

“(4.) The provisions of sub-section (1.) of section 26 of the Stevedoring Industry Act do not apply to the determination of a quota under this regulation.

“Division 3.—Cancellation of Registration of Redundant Waterside Workers at Permanent Ports.

Application.

“27q. The provisions of this Division apply where the Authority has made a declaration of redundancy at a permanent port.

Transfer of certain names to Part B.

“27r. The names of waterside workers that would have been transferred from Part A to Part B of the register of waterside workers at the port but for the operation of sub-regulation (2.) of regulation 5 of these Regulations shall, on the date of the making of the declaration of redundancy, be transferred to Part B of the register.

Voluntary cancellation of registration.

“27S.—(1.) A waterside worker registered at the port, other than a waterside worker to whom the last preceding regulation applies, may, within fourteen days after the date of the making of the declaration of redundancy and with the permission of the Association, request the Authority to cancel his registration.

“(2.) Subject to the next succeeding sub-regulation, the Authority shall, on the date on which the declaration of redundancy comes into operation, cancel the registration of that waterside worker.

“(3.) A waterside worker who makes a request under sub-regulation (1.) of this regulation may, with the permission of the Association, request the Authority to cancel his registration on a date specified in the request, being a date earlier than the date on which the declaration of redundancy is to come into operation, and the Authority shall cancel his registration on the date so specified.

Transfer to other ports.

“27t.—(1.) A waterside worker registered at the port who was first registered as a waterside worker on a date prior to the first day of July, 1967, may, within fourteen days after the date of the making of the declaration of redundancy, apply to the Authority to be transferred to another port specified in the declaration of redundancy.

“(2.) Where the number of waterside workers in a classification specified in the declaration of redundancy who apply to be transferred to another port is greater than the number specified in the declaration of redundancy as the number in that classification that may be transferred to that other port, those waterside workers entitled to be transferred to that other port shall be determined as follows:—

(a) an applicant whose registration would, if no waterside worker registered at the port applied to be transferred to another port, be cancelled under the next succeeding regulation is entitled to be transferred to that other port in preference to other applicants; and

(b) an applicant who is senior to another applicant is entitled to be transferred to that other port in preference to that other applicant.

 

“(3.) Where a waterside worker applies under sub-regulation (1.) of this regulation to be transferred to another port and he is entitled, in accordance with the last preceding sub-regulation, to be transferred to that other port, the Authority shall, not later than the date on which the declaration of redundancy comes into operation, cancel his registration at the port and register him as a waterside worker at that other port.

Cancellation of registration of redundant waterside workers.

“27u.—(1.) Where cancellation of the registration of waterside workers in accordance with the last two preceding regulations would not reduce the number of waterside workers registered at the port to the number specified in the declaration of redundancy, the Authority shall, in accordance with this regulation, cancel the registration of so many waterside workers registered at the port as is necessary to effect that reduction.

“(2.) Subject to the next succeeding sub-regulation, the registration of a waterside worker may not be cancelled under this regulation unless the registration of all waterside workers registered at the port who are less senior has been or is to be cancelled under the last two preceding regulations or this regulation.

“(3.) The last preceding sub-regulation does not prohibit the cancellation under this regulation of the registration of a waterside worker registered at the port of Brisbane who is senior to a waterside worker to whom regulation 27j of these Regulations applies.

“(4.) Where the registration of a waterside worker is to be cancelled under this regulation, the Authority shall, not later than twenty-one days after the date of making the declaration of redundancy, give notice in writing to the waterside worker that his registration is to be cancelled.

“(5.) A notice given under the last preceding sub-regulation shall specify the date on which the registration of the waterside worker to whom the notice is directed may be cancelled.

“(6.) The date on which the registration of a waterside worker who was first registered as a waterside worker on the first day of July, 1967, or a date later than that date, shall be cancelled under this regulation, is the date on which the declaration of redundancy comes into operation.

“(7.) Subject to the next succeeding sub-regulation, the date on which the registration of a waterside worker who was first registered as a waterside worker on a date prior to the first day of July, 1967, shall be cancelled under this regulation is the day following the date of expiration of the period of notice that applies in relation to him.

“(8.) Where a waterside worker who was first registered as a waterside worker on a date prior to the first day of July, 1967, and isnotified under sub-regulation (2.) of this regulation that his registration is to be cancelled—

(a) with the permission of the Association, requests the Authority to cancel his registration on a date specified in the request, being a date earlier than the date on which the declaration of redundancy comes into operation; or

(b) requests the Authority to cancel his registration on a date specified in the request, being a date on or after the date on which the declaration of redundancy comes into operation and not later than the date of expiration of the period of notice that applies in relation to him,

the Authority shall cancel his registration on the date specified in the request.

Period of notice.

“27v.—(1.) Subject to this regulation, the period of notice in relation to a waterside worker is—

(a) a period equal to the sum of two weeks plus one and one-half weeks for each completed year of his period of qualifying service determined at the date on which the declaration of redundancy was made; or

(b)twenty-five weeks,

whichever is the less.

“(2.) The period of notice in relation to a waterside worker registered at the port commences on the day on which the declaration of redundancy comes into operation.

“(3.) Where—

(a) the period of notice in relation to a waterside worker would, but for the operation of paragraph (b)of sub-regulation (1.) of this regulation, exceed twenty-five weeks;

(b) the waterside worker has been given notice under sub-regulation (4.) of the last preceding regulation that his registration is to be cancelled and has not requested that his registration be cancelled under sub-regulation (8.) of that regulation;

(c) he is registered for employment at a District Employment Office of the Department;

(d) he has applied to the officer-in-charge of the District Employment Office for a certificate under this sub-regulation; and

(e) that officer or, on appeal, the Chairman, certifies—

(i) at any time within a period of twenty weeks from the date of commencement of the period of notice—that in his opinion there will be no suitable alternative employment available for the waterside worker within that period; or

(ii) where the waterside worker has been registered for employment at the District Employment Office for a period of ten weeks or more, at any time after the expiration of twenty weeks and before the expiration of twenty-five weeks from the date of commencement of the period of notice—that in his opinion there is no suitable alternative employment available for the waterside worker,

the period of notice in relation to that waterside worker is, and shall be deemed to have been, the period determined in accordance with paragraph (a)of sub-regulation (1.) of this regulation.

“(4.) Where the officer-in-charge of the District Employment Office at which a waterside worker is registered for employment refuses to give a certificate in accordance with the last preceding sub-regulation, the waterside worker may, within seven days from the date of the decision of that officer, appeal against that decision to the Chairman.

“(5.) The Chairman shall, before determining an appeal under the last preceding sub-regulation, hear the waterside worker, if he desires to be heard, and make such other inquiries as he thinks fit.

“(6.) In conducting a hearing or making an inquiry under the last preceding sub-regulation, the Chairman is not bound to act in a formal manner and is not bound by any rules of evidence but may inform himself on any matter in such manner as he thinks just.

“Division 4.—Cancellation of Registration of Redundant Waterside Workers at Continuous Ports other than Permanent Ports.

Application of Division.

“27w. The provisions of this Division apply where the Authority has made a declaration of redundancy at a continuous port that has not been declared to be a permanent port.

Voluntary transfer.

“27x.—(1.) A waterside worker who is specified in the application for a declaration of redundancy at the port as having volunteered to transfer to another port may, within fourteen days after the date of the making of the declaration of redundancy, apply to the Authority to transfer to another port.

“(2.) Where the number of waterside workers in a classification specified in the declaration of redundancy who apply under the last preceding sub-regulation to be transferred to a port is greater than the number specified in the declaration of redundancy as the number in that classification that may be transferred to that other port, an applicant who is senior to another applicant is entitled to be transferred to that other port in preference to that other applicant.

“(3.) Where a waterside worker applies to transfer to another port and he may, subject to the last preceding sub-regulation, be registered at that other port, the Authority may cancel his registration at the port and register him as a waterside worker at that other port.

“(4.) Where a waterside worker who is specified in the application for a declaration of redundancy at the port as having volunteered to transfer to another port does not apply, in accordance with sub-regulation (1.) of this regulation, to transfer to another port, the Authority may cancel his registration at the port.

Voluntary cancellation of registration.

“27y.—(1.) The Authority may cancel the registration of a waterside worker who is specified in the application for a declaration of redundancy at the port as having volunteered to have his registration cancelled.

“(2.) The Authority shall, not less than seven days before the date on which his registration is to be cancelled, give notice in writing to a waterside worker whose registration is to be cancelled under this regulation of the date on which his registration is to be so cancelled.

“Division 5.—Payments to Transferred and Redundant Waterside Workers.

Payments to waterside workers.

“27z.—(1.) Where the registration of a waterside worker who was first registered as a waterside worker on a date prior to the first day of July, 1967, is cancelled under sub-regulation (3.) of regulation 27s or under regulation 27y of these Regulations, the Association shall pay to him an amount ascertained by multiplying the amount of the ordinary weekly rate of pay prescribed for a waterside worker under Part II. of the Waterside Workers’ Award immediately prior to the date on which his registration is cancelled by:—

(a) the number calculated in accordance with the formula—

where Q is the number of completed years in his period of qualifying service determined at the date on which the declaration of redundancy was made; or

(b) twenty-five,

whichever is the less.

“(2.) Where the registration of a waterside worker is cancelled in pursuance of a request made by him under paragraph (a) of sub-regulation (8.) of regulation 27u of these Regulations, the Association shall pay to him an amount ascertained by multiplying the amount of—

(a) the ordinary weekly rate of pay applicable to him under Part II. of the Waterside Workers’ Award immediately prior to the date on which his registration is cancelled; or

(b) where he was employed under a special agreement for weekly hiring immediately prior to the date—the weekly rate of pay payable to him under the agreement,

by a number equal to the number of weeks, including any fraction of a week, in the period of notice that applies in relation to him.

“(3.) Where the registration of a waterside worker is cancelled in pursuance of a request made by him under paragraph (b) of sub-regulation (8.) of regulation 27u of these Regulations, the Association shall pay to him an amount ascertained by multiplying the amount of—

(a) the ordinary weekly rate of pay applicable to him under Part II. of the Waterside Workers’ Award immediately prior to the date on which his registration is cancelled; or

(b) where he was employed under a special agreement for weekly hiring immediately prior to that date—the weekly rate of pay payable to him under the agreement,

by a number equal to the number of weeks, including any fraction of a week, remaining in the period of notice that applies in relation to him after the date on which his registration is cancelled.

Travelling and removal expenses.

“27za.—(1.) This regulation applies—

(a) in relation to a waterside worker who is, pursuant to regulation 27t or regulation 27x of these Regulations, registered at another port—where that waterside worker travels to that other port; and

(b) in relation to the wife or a dependent child of such a waterside worker—where his wife or that dependent child travels to that other port.

“(2.) Subject to this regulation, the Authority shall pay to the waterside worker or on his behalf an amount equal to the second-class rail fare from the port at which he was registered to the other port at which he is registered for himself, his wife and his dependent children.

“(3.) Where the journey by rail from one port to the other involves overnight travel, the Authority shall pay to the waterside worker or on his behalf the cost of second-class rail sleeping accommodation or, where second-class rail sleeping accommodation is not available, the cost of first-class rail sleeping accommodation for himself, his wife and his dependent children.

“(4.) Where the journey from one port to the other involves travel between a port in Tasmania and a port in another State or a Territory of the Commonwealth, the Authority shall, in respect of so much of the journey as, in the opinion of the Authority, reasonably involves travel by ship, pay to the waterside worker or on his behalf the cost of travel by ship, at a standard equivalent to second-class rail travel, for himself, his wife and his dependent children.

“(5.) Where the waterside worker or his wife or a dependent child travels from one port to the other otherwise than by train or, in the case of a journey between a port in Tasmania and a port in another State or a Territory of the Commonwealth, by ship, or by train and ship, the Authority shall pay to him or on his behalf such amount, not exceeding the actual cost of the journey, as the Authority thinks reasonable.

 

“(6.) The Authority shall pay to the waterside worker or on his behalf such amounts as the Authority thinks reasonable in respect of the cost of removal of his household goods and his personal effects and the personal effects of his wife and his dependent children.

“(7.) The Authority shall pay to the waterside worker or on his behalf, in respect of such time spent in travelling between the two ports as the Authority considers reasonable, a travelling allowance at the rate of Three dollars per day for himself and for his wife and each dependent child over the age of sixteen years, and at the rate of One dollar and fifty cents per day for each dependent child under the age of sixteen years.

“(8.) Where the Authority is of the opinion that there would be continuity of employment for the waterside worker at a port nearer to the port at which the declaration of redundancy was made than the port at which he has become registered pursuant to regulation 27t or regulation 27X of these Regulations, it shall pay to him or on his behalf such amounts as would have been payable in accordance with this regulation if he had been registered at that nearer port.”.

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