Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Overview

The Stevedoring Industry (Temporary Provisions) Regulations 1972 were enacted by the Governor-General in accordance with the authority granted by the Stevedoring Industry (Temporary Provisions) Act 1967-1971. This legislative instrument aims to address issues within the stevedoring industry by making temporary provisions. The regulations were designed to provide a framework for addressing specific problems identified in the stevedoring sector during the period covered by the Act. These problems included the need to amend the interpretation of certain terms, adjust the criteria for qualifying days and service for long service leave, and modify the conditions under which waterside workers could be transferred or have their registration cancelled. The overarching policy objective of these regulations was to ensure fair treatment and stability within the stevedoring industry during a period of transition.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Regulations, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1971, apply to waterside workers and stevedoring employers within the stevedoring industry across Australia. These regulations are designed to govern the employment conditions, entitlements, and transitional provisions for workers involved in the stevedoring industry, a sector critical to the loading, unloading, and handling of goods at ports. The regulations cover aspects such as registration of waterside workers, long service leave entitlements, and the transfer of workers to other ports. The Act and its regulations extend to the entire Commonwealth of Australia, ensuring a uniform approach to the regulation of stevedoring industry practices. Notably, the regulations provide specific criteria for the recognition of qualifying days and service for long service leave, and they establish processes for the cancellation of worker registrations and the transfer of workers, reflecting a structured approach to managing workforce transitions within the industry. The legislation does not explicitly mention exclusions or exemptions, but it is understood that certain provisions might implicitly exclude certain categories of workers or employers not explicitly defined within the regulatory framework. The regulations may also be supplemented or further defined through subordinate instruments, which could provide additional specificity or procedural details not covered in the primary text.

Key Provisions

The Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1971 primarily modify the existing Stevedoring Industry (Temporary Provisions) Regulations, updating certain definitions and provisions related to waterside workers' long service leave and registration. Regulation 3 amends the definition of "the Chairman" to align with the Stevedoring Industry (Temporary Provisions) Act 1967-1971, removing the outdated definition of "the National Stevedoring Industry Conference" (Regulation 1). Regulation 20a introduces a new provision stating that any day a waterside worker was on compassionate leave with pay is considered a qualifying day and included in the qualifying service for long service leave purposes (Regulation 20). Regulation 21 updates the conditions for entitlement to long service leave to include workers whose registration has been or is cancelled under Regulation 13a (Regulation 21). These Regulations impose specific obligations on waterside workers and employers, ensuring that days on compassionate leave are accounted for in long service leave calculations (Regulation 20a). Employers must adhere to the updated conditions for entitlement to long service leave, particularly concerning workers whose registrations have been or are being cancelled (Regulation 21). Additionally, these Regulations modify the transfer and cancellation provisions for waterside workers, removing the date restrictions that previously applied (Regulations 27t and 27u). The Regulations also establish consequences for non-compliance, although the specific offences, penalties, or civil/criminal consequences are not detailed within the text provided. It is implied, however, that failure to comply with the updated provisions regarding long service leave, transfer, and cancellation of registration could result in legal repercussions under the governing Act. The exact nature and extent of these consequences would need to be referred to in the Stevedoring Industry (Temporary Provisions) Act 1967-1971 or related legal frameworks.