Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Overview

The Stevedoring Industry (Temporary Provisions) Regulations 1975 were enacted to amend existing regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1974, aiming to address issues related to the workforce in the stevedoring industry. These regulations were made by the Governor-General of Australia, acting with the advice of the Executive Council, and were intended to facilitate a more efficient and effective conduct of stevedoring operations by enabling the reduction of aged or disabled waterside workers where necessary. The policy objective is to ensure the proper functioning of stevedoring activities while providing a framework for the orderly transition of affected workers.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Regulations 1975, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1974, apply to the stevedoring industry within Australia, specifically addressing the reduction of aged or disabled waterside workers to ensure efficient operations. The Act primarily affects waterside workers who are aged 60 years or older, or those who are permanently exempted from performing certain tasks due to physical or mental conditions, as well as their employers and the relevant port authorities. The geographic reach of these regulations is national, applying to all ports within Australia where stevedoring operations are conducted. The Act allows the Authority, after consulting with the Association and the Union, to make a declaration specifying the number of aged or disabled waterside workers to be reduced at a particular port, with the aim of maintaining the efficiency of stevedoring operations. The regulations provide for the cancellation of registration for those waterside workers who meet the specified criteria and wish to have their registration cancelled, and allow for the replacement of such workers. There are no explicit exclusions mentioned in the text, though the focus remains on the operational efficiency of the stevedoring industry.

Key Provisions

The key operative sections of the Stevedoring Industry (Temporary Provisions) Regulations 1975 revolve around the management of aged or disabled waterside workers in the stevedoring industry. Under regulation 27Z, the Authority is empowered to make a declaration specifying the reduction in the number of aged or disabled waterside workers at a port if it is deemed necessary for the effective conduct of stevedoring operations (27Z(1)). This declaration must specify the effective date of the reduction (27Z(2)). The process of making such a declaration can be initiated by any of the parties involved, namely the Authority, the Association, or the Union, through a written notice (27Za). The Association and the Union can jointly apply to the Authority for a declaration, specifying the number of reductions and the desired effective date (27Zb). Once a declaration is made, an aged or disabled waterside worker may request the cancellation of their registration within 14 days, subject to the Association’s permission (27Zc). If the Authority and the Association agree, the registration can be cancelled, and the worker is entitled to the same payments as if their registration had been cancelled due to redundancy (27Zc(2)-(3)). The Authority also has the authority to register a new worker in place of one whose registration has been cancelled (27Zd). The Regulations impose several obligations on the parties involved. The Authority must consult with the Association and the Union and make inquiries as deemed necessary before making a declaration regarding the reduction of aged or disabled waterside workers (27Z). The Authority must also promptly determine whether to make a declaration upon receiving a joint application from the Association and the Union (27Zb(3)). The Association and the Union must submit a written application specifying the number of reductions and the effective date if they wish to request a declaration (27Zb(2)). Additionally, aged or disabled waterside workers must request the cancellation of their registration within 14 days of the declaration's issuance, with the Association's permission (27Zc(1)). The Authority must then consider whether to cancel the registration if it is in the interests of the stevedoring industry and the Association agrees (27Zc(2)). The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the failure to comply with the stipulated processes, such as not submitting a written application for a declaration or not requesting the cancellation of registration within the specified timeframe, could lead to disputes or other legal actions. For instance, if an aged or disabled waterside worker misses the 14-day window to request the cancellation of their registration, they may lose the opportunity to have their registration cancelled under the stipulated conditions. Similarly, the Authority’s failure to promptly determine an application could lead to operational inefficiencies or disputes. While no specific penalties are mentioned, the Regulations' intent is to ensure orderly and effective conduct of stevedoring operations by managing the workforce appropriately.