Statutory Rules
1976 No. 189
REGULATION UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Stevedoring Industry (Temporary Provisions) Act 1967.
Dated this thirty-first day of August, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations.
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Amendment of the Stevedoring Industry (Temporary Provisions) Regulations †
Long service leave of crane drivers formerly employed by the Melbourne Harbor Trust Commissioners.
The following regulation is inserted in Part IV of the Stevedoring Industry (Temporary Provisions) Regulations after regulation 23a:—
“ 23b. (1) In this regulation—
‘person to whom this regulation applies’ means a person who—
(a) at the commencement of this regulation is employed by the Melbourne Harbor Trust Commissioners as a crane driver; and
(b) immediately after ceasing to be employed by those Commissioners becomes a registered waterside worker;
‘State regulations’ means the Melbourne Harbor Trust Long Service Leave Regulations 1966 as from time to time in force under the Melbourne Harbor Trust Act 1958, as amended, of the State of Victoria.
“ (2) For the purposes of Part IIIa of the Stevedoring Industry Act and these Regulations, a person to whom this regulation applies shall be deemed to be entitled immediately upon registration to have credited to him long service leave of a number of days ascertained in accordance with the formula,
where—
A is the money equivalent of long service leave accrued under the State regulations; and
* Notified in the Australian Government Gazette on 1 September 1976.
† 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. 116; 1972, No. 74; 1973, Nos. 22, 30, 134 and 225; 1974, Nos. 114 and 115; and 1975, Nos. 86 and 119.
B is one-sixth of the amount of the weekly rate of pay that the person would have been entitled to receive if he were on annual leave immediately after registration.
“ (3) For the purposes of this regulation, the money equivalent of long service leave accrued under the State regulations shall be deemed to be the amount that the person would have received if, when the person ceased to be employed by the Melbourne Harbor Trust Commissioners, he had been granted pay in lieu of the long service leave to which he was then entitled under the State regulations.
“ (4) Sub-regulation (2) does not apply in relation to a person unless an amount equal to the money equivalent of long service leave accrued by the person under the State regulations has been paid to the Authority.
“ (5) For the purposes only of sub-regulations (1) and (2) of regulation 20b a person to whom this regulation applies shall be deemed to have been continuously registered as a waterside worker throughout the period that is, in respect of that person, the appropriate period under sub-regulation (6).
“ (6) For the purpose of sub-regulation (5), the appropriate period in respect of a person is the period that—
(a) ended immediately before the person became registered as a waterside worker; and
(b) equals the period of the person’s service in the employment of the Melbourne Harbor Trust Commissioners on or after 28 June 1942 in respect of which the person was, immediately before he ceased to be employed by the Commissioners, entitled to long service leave under the State regulations.”.