Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Legislation au C1969L00170 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

 

REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1968.

Dated this thirty-first day of October, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provisions) Regulations†

Definitions.

1. Regulation 3 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting the definition of “period of qualifying service”.

2. Regulation 3a of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

Reference to first registration as a waterside worker.

“3a. A reference in these Regulations to a date on which a person was first registered as a waterside worker shall be read as a reference—

(a) if the Authority has made a determination under regulation 27na of these Regulations in relation to the person—to the date of commencement of the period of qualifying service so determined; or

(b) in any other case—to the date from which the person has been, or is to be treated for the purposes of Part IIIa. of the Stevedoring Industry Act as having been, continuously registered as a waterside worker.”.

3. After regulation 3c of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Period of qualifying service.

“3d. A reference in these Regulations to the period of qualifying service of a waterside worker whose registration has been, or is to be, cancelled under Part Vb. of these Regulations following the making of a declaration of redundancy at the port at which he was or is registered shall be read as a reference to the period of qualifying service for long service leave of the waterside worker, determined in accordance with the Stevedoring Industry Act, at the date on which the declaration of redundancy was made or, where the Authority has made a determination in relation to the waterside worker under regulation 27na of these Regulations, the period of qualifying service so determined by the Authority.”.

 

* Notified in the Commonwealth Gazette on 6 November 1969.

† Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; and 1969, No. 23.

20624/69 9/23.9.1969


Certain provisions of section 26 of Stevedoring industry Act not to apply.

4. Regulation 11 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting from sub-regulation (1.) the words “Paragraphs (a), (b), (c), (d), (e) and (g)” and inserting in their stead the words “Paragraphs (a), (c), (d), (e) and (g)”.

Employer to be called upon far report before cancellation, or &c., registration of waterside workers.

5. Regulation 12 of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting the words “paragraph (aa) or (f)” and inserting in their stead the words “paragraph (aa), (b) or (f)”.

6. After regulation 27n of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Determination by Authority of period of qualifying service.

“27na. Where—

(a) a declaration of redundancy has been made at a port at which a waterside worker is registered;

(b) there has been a break in the continuity of the registration of the waterside worker to which sub-section (4.) of section 45c of the Stevedoring Industry Act does not apply; and

(c) the Authority is of the opinion that it would be equitable to make a determination under this regulation,

the Authority may determine such period as it thinks fit, being a period greater than the period of qualifying service of the waterside worker for long service leave determined, in accordance with the Stevedoring Industry Act, at the date on which the declaration of redundancy was made, to be the period of qualifying service of the waterside worker for the purposes of these Regulations.”.

Period of notice.

7. Regulation 27V of the Stevedoring Industry (Temporary Provisions) Regulations is amended by omitting from sub-regulation (1.) the words “determined at the date on which the declaration of redundancy was made”.

Payments to waterside workers.

8. Regulation 27Z of the Stevedoring Industry (Temporary Provisions) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “sub-regulation (3.) of regulation 27S or under regulation 27y” and inserting in their stead the words “regulation 27S or regulation 27y”; and

(b) by omitting from sub-regulation (1.) the words “determined at the date on which the declaration of redundancy was made”.

Making of determination by Authority.

9.—(1.) Where—

(a) before the date of commencement of this regulation, the Authority has, under Part Vb. of the Stevedoring Industry (Temporary Provisions) Regulations, cancelled the registration of a waterside worker whose continuity of registration had been broken; and

(b) there has been a break in the continuity of registration of the waterside worker to which sub-section (4.) of section 45c of the Stevedoring Industry Act did not apply,

the Authority may make a determination under regulation 27na of the Stevedoring Industry (Temporary Provisions) Regulations, as amended by these Regulations, in relation to the waterside worker.

(2.) Where the Authority has made a determination in relation to a waterside worker under the last preceding sub-regulation, the Association shall pay to the waterside worker an amount equal to the difference between—

(a) the amount that would have been payable to the waterside worker


pursuant to regulation 27z of the Stevedoring Industry (Temporary Provisions) Regulations if the period of qualifying service of the waterside worker at the date of the making of the declaration of redundancy at the port at which he was registered had been the period determined by the Authority; and

(b) the amount that was payable to the waterside worker pursuant to that regulation at the date on which his registration was cancelled.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 170, enacted under the Stevedoring Industry (Temporary Provisions) Act 1967-1968, addresses issues arising from temporary provisions in the stevedoring industry, particularly focusing on the equitable treatment of waterside workers in the event of redundancy and the continuity of their registration. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of these regulations is to ensure fair treatment of waterside workers by providing mechanisms for the equitable determination of qualifying service periods and related entitlements. This legislative instrument amends existing regulations to refine the process for determining qualifying service periods, especially when there is a break in the continuity of registration, and to adjust the payments to waterside workers accordingly.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Regulations 1969, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1968, apply to the stevedoring industry within the Commonwealth of Australia. These regulations primarily affect waterside workers, their registration, and related employment conditions. They govern the procedures for the cancellation of waterside worker registrations, determination of qualifying service periods, and payments due to workers in the event of redundancy or cancellation of registration. The geographic scope of these regulations is national, as they are enacted at the federal level. The regulations may be subject to further specification or limitation through subordinate instruments, which could include guidelines or further detailed rules issued by the relevant authority under the overarching Act. Exclusions or exemptions from the regulations are not explicitly stated in the provided text, but the regulations themselves may contain specific exclusions or thresholds relevant to particular provisions.

Key Provisions

The Stevedoring Industry (Temporary Provisions) Regulations 1969, which amend the existing regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1968, introduce several key changes. Regulation 3 removes the definition of "period of qualifying service," while Regulation 3a introduces a new definition for when a person is considered to be first registered as a waterside worker, depending on whether the Authority has made a determination under regulation 27na (Regulation 3a). Regulation 3d provides a new definition for the period of qualifying service of a waterside worker whose registration has been cancelled following a declaration of redundancy (Regulation 3d). Additionally, Regulation 4 modifies the circumstances under which certain provisions of section 26 of the Stevedoring Industry Act do not apply (Regulation 4). Regulation 5 extends the requirement for employers to report before the cancellation or suspension of a waterside worker's registration to include cases where a break in the continuity of registration has occurred (Regulation 5). Lastly, Regulation 6 introduces a new regulation, 27na, which allows the Authority to determine the period of qualifying service for a waterside worker in certain circumstances (Regulation 6). The Regulations impose obligations on various parties, including the Authority, employers, and waterside workers. The Authority is tasked with determining the period of qualifying service for waterside workers under specific circumstances (Regulation 27na). Employers must report to the Authority before cancelling or suspending the registration of waterside workers in certain situations (Regulation 5). Waterside workers must comply with the new definitions and determinations set out in the Regulations, particularly concerning their period of qualifying service (Regulations 3a and 3d). Breaches of the Regulations may result in civil or criminal consequences. While the Regulations themselves do not specify penalties for non-compliance, the underlying Act, the Stevedoring Industry (Temporary Provisions) Act 1967-1968, provides a framework for enforcement. The Act empowers the Authority to take action against employers or waterside workers who fail to comply with the requirements of the Act or the Regulations. Penalties for breaches of the Act can include fines and, in some cases, imprisonment. The specific penalties are determined by the nature and severity of the breach and are set out in the Act.

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