Statutory Rules
1974 No. 115
REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1973.*
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 1967-1973.
Dated this twenty-eighth day of June, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
CLYDE R. CAMERON
Minister of State for Labor and Immigration.
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Amendments of the Stevedoring Industry (Temporary Provisions) regulations†
Entitlement to long service leave.
1. After regulation 20a of the Stevedoring (Temporary Provisions) Regulations the following regulations are inserted:—
“20b. (1) A registered waterside worker is entitled—
(a) if he has been continuously registered as such for a period of fifteen years—to long service leave in respect of his period of qualifying service within that period; and
(b) if he continues to be registered as such for a further period or further periods each of which is ten years—to additional long service leave in respect of each period of qualifying service within that further period or within each of those further periods.
“(2) Subject to section 45e of the Stevedoring Industry Act, where—
(a) a registered waterside worker who has been continuously registered as such for a period of ten years—
(i) ceases to be a registered waterside worker by reason of his registration being cancelled at his own request; or
(ii) dies; or
* Notified in the Australian Government Gazette on 29 June 1974.
† Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; 1969, Nos. 23 and 170; 1970, Nos. 109 and 118; 1971, No. 116; 1972, No. 74; 1973, Nos. 22, 30 and 134; and 1974, No. 114.
(b) a registered waterside worker who has been continuously registered as such for a period of ten years ceases to be a registered waterside worker and the Authority, on the application of that registered waterside worker, certifies in writing that his ceasing to be so registered—
(i) arose from such an illness, incapacity or disability as rendered him permanently incapable, or likely to be permanently incapable, of properly carrying out the duties of a registered waterside worker or as rendered him a danger to others; or
(ii) arose from the cancellation of his registration under section 32 of the Stevedoring Industry Act,
he shall be deemed to have been entitled, immediately before he ceased to be so registered or died, as the case may be—
(c) if he had become entitled to long service leave under the Stevedoring Industry Act or these Regulations before ceasing to be so registered or dying—to long service leave, in addition to the long service leave to which he had so become entitled—in respect of that part of his qualifying service that commenced immediately after he became, or last became, so entitled; or
(d) in any other case—to long service leave in respect of the period of his qualifying service.
“(3) The long service leave to which a person is entitled under this regulation in respect of a period of qualifying service is a number of days equal to the sum of—
(a) one-eightieth of the number of qualifying days of the person included in so much of the period of that qualifying service as occurred before the first day of January, One thousand nine hundred and sixty-six;
(b) one-sixtieth of the number of qualifying days of the person included in the remainder of the period of qualifying service; and
(c) one twenty-sixth of a number of days equal to the number of periods included in the period of qualifying service that are base periods in relation to the port at which he was from time to time registered as a waterside worker, other than any such base period that includes a day (other than a Sunday) that was a port operating day in relation to the port but is not a qualifying day in relation to the person.
“(4) In this regulation, a reference to qualifying service shall be read as a reference to any service that is qualifying service for the purposes of Part IIIa of the Stevedoring Industry Act.
Person to be deemed not to have ceased to be continuously registered.
“20c. The Authority may determine that, for the purposes of Part IIIa of the Stevedoring Industry Act and of these Regulations a person shall be deemed not to have ceased to be continuously registered as a registered waterside worker under Commonwealth stevedoring legislation by reason only of a break in the continuity of his registration due to a period or periods of employment in or in connexion with the stevedoring industry, whether or not that period or those periods of employment were intended by the person to be temporary.”.
Entitlement to long service leave.
2. Regulation 21 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—
“(1) Where—
(a) a person who has been continuously registered as a waterside worker for not less than five years ceases to be a waterside worker and the Authority, on the application of the person, certifies in writing that the person’s ceasing to be so registered arose from the cancellation of his registration on the ground that his services were no longer required; or
(b) the registration of a person who has been registered continuously as a waterside worker for not less than ten years has been, or is, cancelled under regulation 13a,
the person shall be deemed to have been entitled, immediately before he ceased to be so registered—
(c) if he had become entitled to long service leave under these Regulations or under the Stevedoring Industry Act before ceasing to be so registered—to long service leave, in addition to the long service leave to which he had so become entitled, in respect of that part of his qualifying service that commenced immediately after he became, or last became, so entitled; or
(d) in any other case—in respect of the period of his qualifying service.”.
3. Regulation 22 of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation substituted:—
Assessed amount of pay for day of long service leave.
“22. For the purposes of Part IIIa of the Stevedoring Industry Act, the assessed amount of pay for a day of long service leave is an amount equal to one-sixth of the lowest weekly rate of pay for annual leave for waterside workers employed on a weekly hiring prescribed by Part II of the Waterside Workers Award in force under the Conciliation and Arbitration Act 1904-1973 when the period of long service leave in which that day is included commences.”.
4. After regulation 23 of Part IV of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—
Long service leave of waterside workers formerly employed by Fremantle Harbour Trust Commission.
“23a. Notwithstanding Part IIIa of the Stevedoring Industry Act and these Regulations, a person employed by the Fremantle Port Authority on the date of commencement of this regulation as a crane driver, who, subsequently becomes a registered waterside worker, is entitled to long service leave in accordance with the provisions, as in force on that date, of an agreement between the Fremantle Port Authority and the Waterside Workers’ Federation of Australia as long as he continues to be employed by the Fremantle Port Authority as a crane driver.”.