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

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Statutory Rules

1975 No. 119

REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1974.

Dated this thirteenth day of June, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

J. R. McCLELLAND

Minister of State for Labor and Immigration.

________

Amendments of the Stevedoring Industry (Temporary Provisions) Regulations

Definitions.

1. Regulation 3 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by inserting before the definition of “ declaration of redundancy ” the following definition:—

“ ‘ aged or disabled waterside worker ’ means a waterside worker who—

(a) has attained the age of 60 years; or

(b) on account of his physical or mental condition, is permanently exempted by the Authority, or by his registered employer with the concurrence of the Authority, from performing certain classes of work normally performed by waterside workers; ”.

2. After Part Vb of the Stevedoring Industry (Temporary Provisions) Regulations the following Part is inserted:—

“ Part Vc—Replacement of Aged or Disabled Waterside Workers

Declaration of number by which aged or disabled waterside workers shall be reduced.

“ 27Z. (1) Subject to this Part, where the Authority, after consulting with the Association and the Union and making such inquiries as it thinks fit, is of the opinion that the number of aged or disabled waterside workers at a port

 

* Notified in the Australian Government Gazette on 18 June 1975.

  Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 199; 1969, Nos. 23 and 170; 1970, Nos. 109 and 118; 1971, No. 166; 1972, No 74; 1973, Nos. 22, 30, 134 and 225; 1974, Nos. 114 and 115; and 1975, No. 86.

should be reduced to provide for the proper and effective conduct of stevedoring operations at that port, the Authority shall make a declaration specifying the number by which aged or disabled waterside workers at that port shall be reduced.

“ (2) A declaration under sub-regulation (1) in relation to a port shall specify the date on which it comes into operation.

Conferring on the making of a declaration under this Part.

“ 27za The Authority, the Association, or the Union, may, at any time after the commencement of this Part, give notice in writing to the other parties that it wishes to confer on the making of a declaration under this Part in relation to a port.

Application for declaration under this Part.

“ 27zb. (1) The Association and the Union may, if they agree, jointly apply to the Authority requesting the Authority to make a declaration under this Part in relation to a port.

“ (2) An application under sub-regulation (1) shall be in writing and shall specify—

(a) the number by which the Association and the Union agree aged or disabled waterside workers in the port should be reduced; and

(b) the date from which it is desired that the declaration should operate.

“ (3) The Authority shall, as soon as practicable after receiving an application under sub-regulation (1), determine whether a declaration should be made.

Cancellation of registration of aged or disabled waterside worker.

“ 27zc. (1) An aged or disabled waterside worker registered at a port in respect of which a declaration has been made may, within 14 days after the date of the making of the declaration and with the permission of the Association, request the Authority to cancel his registration.

“ (2) Where the Authority considers that it is in the interests of the stevedoring industry that the registration of an aged or disabled waterside worker who has made a request under sub-regulation (1) be cancelled and the Association agrees to the request, the Authority shall cancel the registration of the waterside worker.

“ (3) A waterside worker whose registration has been cancelled under this Part is entitled to the same payments as those to which he would be entitled if his registration in that port had been cancelled as the result of a declaration of redundancy.

Replacement of waterside workers whose registration has been cancelled under this Part.

“ 27zd. The Authority may register a person as a waterside worker at a port in place of a waterside worker whose registration at that port has been cancelled under this Part.”.

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