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

STATUTORY RULES

1968 No.

 

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

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.

Dated this third day of October, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provisions) Regulations

1. Regulations 24 and 25 of the Stevedoring Industry (Temporary Provisions) Regulations are repealed and the following regulation inserted in their stead:—

Direction as to number of waterside workers employed by an employer.

“24.—(1.) Subject to this regulation, where, after such inquiry as it thinks fit, the Authority is satisfied that the labour of waterside workers available for stevedoring operations at a permanent port would be used to better advantage if the number of waterside workers employed by a registered employer on a weekly hiring at the port—

(a) were increased by a particular number, the Authority may direct the holding company to release from its employment at the port the necessary number of waterside workers with a view to the waterside workers so released being employed by the registered employer on a weekly hiring at the port; or

(b) were reduced by a particular number, the Authority may direct the registered employer to release from its employment at the port the necessary number of waterside workers with a view to the waterside workers so released being employed by the holding company on a weekly hiring at the port.

(2.) Subject to sub-regulation (5.) of this regulation, the Authority shall not take any action under the last preceding sub-regulation unless it has received a request in writing to do so—

(a) in respect of a direction proposed to be given under paragraph (a) of that sub-regulation, from the registered employer; or

(b) in respect of a direction proposed to be given under paragraph (b)of that sub-regulation, from the holding company or a registered employer.

 

* Notified in the Commonwealth Gazette on , 1968.

  Statutory Rules 1968, No. 5.

22497/68—Price 5c 12/20.9.68

(3.) The Authority shall not give a direction under paragraph (a) of sub-regulation (1.) of this regulation unless it is also satisfied that, if the number of waterside workers employed by the registered employer were increased by the number proposed to be specified in the direction, there would not be an excessive number of shifts during which waterside workers employed by the registered employer would be available for work but would not be required to work.

(4.) The Authority shall not specify in a direction under paragraph (a) of sub-regulation (1.) of this regulation a number of waterside workers in excess of the number specified in the request made by the registered employer.

(5.) Where the Authority gives a direction under paragraph (a) of sub-regulation (1.) of this regulation, it may also give a direction under paragraph (b) of that sub-regulation notwithstanding that a request for a direction under that paragraph has not been made.”.

Procedure to be followed in making inquiries.

2. The following regulation is inserted alter regulation 26 of the Stevedoring Industry (Temporary Provisions) Regulations:—

“26a.—(1.) In making an inquiry under regulation 24 or 26 of these Regulations, the Authority is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks just.

(2.) A party appearing before the Authority in the course of an inquiry under regulation 24 or 26 of these Regulations may be represented—

(a) in the case of the Union, by an officer or member of the Union; and

(b) in any other case, by an employee or by an officer or member of an organisation of which the party is a member,

but may not be represented by counsel, solicitor or paid agent except—

(c) with the permission of the Authority; and

(d) with the consent of all other parties who are then appearing or who have appeared before the Authority in the course of that inquiry.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra