Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Overview

The Stevedoring Industry (Temporary Provisions) Act 1967 was enacted to address issues within the stevedoring industry, particularly surrounding the regulation of waterside workers. The Act aimed to provide temporary provisions for the better organisation and operation of stevedoring activities. Enacted by the Australian Parliament, the policy objective of this Act was to ensure efficient and effective stevedoring operations by managing the workforce in a manner that optimises labour usage. The accompanying Statutory Rules 1968 No. 119, made under the authority of the Act, further refined the operational aspects by allowing the Authority to direct adjustments in the number of waterside workers employed based on labour availability and operational needs, ensuring that workforce adjustments are made in a manner that does not lead to inefficiencies such as excessive idle shifts.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Regulations 1968, made under the Stevedoring Industry (Temporary Provisions) Act 1967, apply to registered employers and holding companies within the stevedoring industry, regulating the employment of waterside workers at permanent ports. These regulations primarily concern the allocation of waterside workers between employers to ensure optimal labour utilisation. The authority responsible for issuing directions under these regulations can adjust the number of waterside workers employed by a registered employer based on specific conditions, such as the availability of labour and the operational needs of the port. The regulations allow for flexibility in the process of making inquiries, permitting the authority to gather information in a manner deemed just, without being constrained by formal procedures or rules of evidence. Additionally, the regulations outline the conditions under which parties may be represented in inquiries, restricting the use of paid agents unless permission is granted by the authority and consent is obtained from all other parties involved. These provisions are applicable nationally across Australia, affecting the stevedoring industry directly, with no stated exclusions or thresholds within the excerpt provided.

Key Provisions

The primary sections of the Stevedoring Industry (Temporary Provisions) Regulations (1968) address the authority's power to direct adjustments in the number of waterside workers employed by employers in the stevedoring industry. Regulation 24(1) allows the Authority to direct a holding company to release waterside workers for a registered employer if it is deemed advantageous to increase the number of workers for stevedoring operations. Conversely, the Authority can also direct a registered employer to release workers back to the holding company if a reduction is deemed advantageous. These directions can only be given if the Authority receives a written request from either the registered employer or the holding company, as per regulation 24(2). Furthermore, the Authority must ensure that increasing the number of workers does not lead to excessive shifts without work, as stipulated in regulation 24(3). Additionally, the number of workers to be specified in any direction must not exceed the number requested by the registered employer, according to regulation 24(4). Regulation 24(5) also permits the Authority to give a direction under clause (b) even if no request has been made, provided a direction under clause (a) is being issued. These regulations impose specific obligations on the parties involved. The Authority must conduct inquiries in an informal manner and may use any means it deems just to gather information. They are not bound by formal rules of evidence or procedure, as per regulation 26a(1). Additionally, parties appearing before the Authority, such as unions or employers, can be represented by officers, members, or employees but may not be represented by legal counsel unless the Authority grants permission and all parties consent, as outlined in regulation 26a(2). The registered employers and holding companies must submit written requests to the Authority if they wish to propose changes in the number of waterside workers employed. Failure to comply with these regulations can result in legal consequences. Although the specific penalties are not detailed within these regulations, breaches of directions issued by the Authority under the Stevedoring Industry (Temporary Provisions) Act 1967 can potentially lead to enforcement actions, fines, or other sanctions as stipulated in the parent Act. The exact penalties would be determined based on the nature and severity of the breach, aligning with the broader legal framework governing labour and industrial relations in Australia.