Waterside Employment Regulations (Cth)

STATUTORY RULES.

1931. No. 140.

 

REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928-1929.

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Transport Workers Act 1928-1929, to come into operation forthwith.

Dated this fourteenth day of November, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

ARTHUR BLAKELEY

for Minister of State for Transport.

Waterside Employment Regulations.

Short title.

1. These Regulations may be cited as the Waterside Employment Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“returned soldiers” and “returned sailors” mean returned soldiers and returned sailors as defined in section eighty-one a of the Commonwealth Conciliation arid Arbitration Act 1904-1930 who were, at any time during the first six months of the year 1930, the holders of licences under Part III. of the Act in respect of any ports to which the Act applied at any time during that year;

“the Act” means the Transport Workers Act 1928-1929;

“waterside worker” means a transport worker who offers or is engaged for work in the loading or unloading of ships.

Priority in selection of workers.

3. (1) Where transport workers (being waterside workers) who—

(a) are available for employment, engagement or picking-up for work as waterside workers at ports in the Commonwealth to which Part III. of the Act applies; and

(b) are members of the organization known as the Waterside Workers Federation of Australia, an organization bound by an award of the Commonwealth Court of Conciliation and Arbitration applicable to employment for that work,

they shall, subject to the next succeeding sub-regulation, be given priority in employment, engagement or picking-up in or for that work.

(2) Returned Soldiers or returned sailors may be employed, engaged or picked-up in or for that work in priority to the persons specified in that sub-regulation.

3478.—Price 3d.

 

(3) Any person who gives priority in employment, engagement or picking-up in or for that work except in accordance with this regulation shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

Places for picking-up transport worker (being waterside workers).

4. (1) Transport workers (being waterside workers) shall be engaged and picked-up at the ports of Melbourne and Brisbane at the following places:—

Melbourne—

(a) For over-sea vessels—

(i) The vacant land abutting on the road which runs from the Princes Pier to the New Railway Pier, Port Melbourne, at a point approximately midway between those piers;

(ii) The place between the Railway Goods Office at the entrance to the Railway pier, Williamstown, and the Passenger Pier; Williamstown; and

(iii) For work on Yarraville wharfs only—the place known as Wischer’s Corner, Yarraville;

(b) For inter-State vessels—

(i) A place between Berths Nos. 4 and 5 on the north side of the Yarra river; and

(ii) At a place adjacent to Berth No. 7 on the south side of the river; and

Brisbane—

For over-sea and inter-State vessels—at the premises known as the Brisbane Waterside Labour Bureau, situated in Lower Boundary-street, Brisbane.

(2) Any person who engages or picks-up a transport worker (being a waterside worker) at the port of Melbourne or at the port of Brisbane, and any transport worker (being a waterside worker) at the port of Melbourne or at the port of Brisbane who assembles or congregates for the purpose of being engaged or picked-up, at any places other than the places respectively specified in this regulation in respect of these ports shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

Continuance of employment.

5 (1) A transport worker (being a waterside worker.) shall not, in any period of twenty-four hours, be employed, or work, as a waterside worker for more than ten hours.

(2) Notwithstanding anything contained in the last preceding sub-regulation, where the Licensing Officer at any port to which Part III. of the Act applies is of opinion that—

(a) the number of transport workers (being waterside workers) licensed in respect of that port and available for engagement or picking-up at the prescribed times and places is insufficient for the requirements in regard to the loading and unloading of ships at that port; or

(b) sufficient transport workers (being waterside workers) for the loading or unloading of any particular ship are not readily available for such work, by reason of difficulties

 

of transport, the time at which any loading or unloading is likely to be finished or by reason of any unforeseen circumstances,

he may permit transport workers (being waterside workers) to be employed for such period in excess of ten hours in any period of twenty-four hours as he considers justified.

(3). Any person who employs a transport worker (being a waterside worker), in contravention of this regulation, and any transport worker (being a waterside worker) who works in contravention of this regulation shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

(4) The period of employment specified in sub-regulation (1) of this regulation shall, for the purposes of this regulation, mean any period for which a transport worker is, under or in pursuance of any award of the Commonwealth Court of Conciliation and Arbitration, entitled to payment, exclusive of waiting time and time spent in travelling, but inclusive of any period of cessation for meals occurring during the period of employment.

Determination of questions relating to membership of Federation.

6. (1) A Licensing Officer may, for the purposes of these Regulations, determine whether any transport worker (being a waterside worker) is a member of the organization known as the Waterside Workers Federation of Australia or whether any person is a returned soldier or returned sailor within the meaning of these Regulations.

(2) Any person or organization aggrieved by any such determination may within fourteen days of the date of the determination appeal against the determination to a Court of summary jurisdiction.

(3) The appeal shall be by summons calling upon the Licensing Officer to show cause why his determination should not be set aside.

(4). Upon the hearing of the appeal, the Court may as it thinks fit confirm, vary or set aside the determination and its decision on such appeal shall be final and conclusive and without appeal, and shall not be questioned in any way.

 

By Authority: H. J. Green, Government Printer, Canberra.