Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Overview

Statutory Rules 1975 No. 86, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1974, were introduced to provide temporary regulatory measures for the stevedoring industry in Australia. Enacted by the Administrator on behalf of the Australian Government, these regulations aimed to address specific issues arising in the stevedoring sector, including adjustments to long service leave entitlements and the method of calculating assessed amounts of pay for waterside workers. The objective, as outlined in the regulations, was to provide clarity and stability in the industry during a period of temporary provisions, ensuring fair treatment of workers while maintaining operational efficiency. These amendments sought to streamline the leave entitlements and financial assessments for waterside workers, reflecting the government's commitment to protecting workers' rights while addressing industry-specific challenges.

Scope and Application

These regulations are made under the Stevedoring Industry (Temporary Provisions) Act 1967-1974 and apply to waterside workers in the stevedoring industry, specifically those who are entitled to long service leave under the Stevedoring Industry Act. The scope of the regulations is limited to the stevedoring industry and the specific entitlements of waterside workers, as defined under the relevant Acts. The regulations do not explicitly state a geographic reach but are presumed to apply nationally, given the federal nature of the Stevedoring Industry Act. There are no stated exclusions or exemptions within the regulations themselves, but the overarching Act may provide certain exceptions. The application of these regulations can be extended or restricted through subordinate instruments or further amendments to the Stevedoring Industry Act, which may introduce additional provisions or modify existing ones to address changes in the industry or labour practices.

Key Provisions

The Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1974 make significant amendments to the Stevedoring Industry (Temporary Provisions) Regulations. Firstly, Regulation 2 is repealed, removing its requirements or permissions (Reg. 1). Secondly, Regulation 22 is also repealed, and a new set of regulations are substituted in its place (Reg. 2). Specifically, the new Regulation 22 limits the number of instalments in which a waterside worker can take their long service leave to no more than three (Reg. 22). Additionally, the new Regulation 22a outlines the assessed amount of pay for a day of long service leave, which is defined as one-sixth of the weekly rate of pay that the worker would have been entitled to receive if they were on annual leave (Reg. 22a). These Regulations impose specific obligations and requirements on waterside workers and employers within the stevedoring industry. Waterside workers must adhere to the limitation of taking their long service leave in no more than three instalments, as per the new Regulation 22 (Reg. 22). Employers, on the other hand, must ensure that the assessed amount of pay for a day of long service leave is calculated as one-sixth of the weekly rate of pay that the worker would have been entitled to receive if they were on annual leave, as per the new Regulation 22a (Reg. 22a). Failure to comply with these Regulations may result in legal consequences for both waterside workers and employers. However, the Regulations do not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. It is possible that any breach of these Regulations may be subject to the general penalties provided under the Stevedoring Industry (Temporary Provisions) Act 1967-1974 or any other relevant legislation. The maximum penalties for breaches of the Act or Regulations would depend on the specific nature of the breach and the relevant legislation applicable in each case.