Transport Workers (Waterside) Regulations

Overview

The Transport Workers (Waterside) Regulations 1930 were enacted under the Transport Workers Act 1928-1929 by the Governor-General, Stonehaven, on behalf of the Federal Executive Council. These regulations were introduced to address the need for orderly and structured engagement of waterside workers in the port of Melbourne. The policy objective was to establish specific times and locations for the picking up of waterside workers to ensure efficiency and avoid disruptions in port operations. The regulations specify when and where waterside workers could be engaged, prohibiting any engagement or assembly outside the designated times and locations, with penalties for non-compliance. These regulations, which came into operation on 14 April 1930, were a legislative response to the need for clear guidelines in the engagement of waterside workers. By delineating specific hours and locations for the engagement of workers, the legislation aimed to streamline port operations, reduce conflicts, and ensure the safety and efficiency of the workforce. The enacting authority, the Governor-General, established these rules to provide a legal framework for the orderly conduct of waterside workers in the port of Melbourne, thus addressing a gap in the regulation of port activities.

Scope and Application

The Transport Workers (Waterside) Regulations, made under the Transport Workers Act 1928-1929, pertain specifically to waterside workers at the port of Melbourne. These regulations establish the designated times and locations where these workers can be engaged or picked up, aiming to regulate their employment and assembly to ensure orderly operations. The regulations cover both oversea and interstate vessels, specifying exact times and locations for picking up workers, with clear prohibitions against engaging or assembling workers outside these specified parameters. Violation of these regulations is subject to penalties of up to ten pounds or imprisonment for one month, reinforcing compliance. The regulations also extend to the Commonwealth jurisdiction, applying specifically within the port of Melbourne, and do not explicitly mention any exclusions or exemptions beyond the outlined provisions. The detailed nature of these regulations highlights the legislative intent to maintain structure and efficiency in the operations of waterside workers.

Key Provisions

The Transport Workers (Waterside) Regulations, which were enacted under the Transport Workers Act 1928-1929, provide specific guidelines regarding the engagement and pickup of waterside workers at the port of Melbourne. Section 2(1) of the Regulations stipulates that waterside workers may be engaged and picked up at designated times and locations. For overseas vessels, this occurs between 8 a.m. and 10 a.m. and between 1 p.m. and 3 p.m. on weekdays, and between 8 a.m. and 10 a.m. on Saturdays. The specified locations include the vacant land near the Princes Pier to the Hew Railway Pier in Port Melbourne, the area between the Railway Goods Office and the Passenger Pier in Williamstown, and Wischer’s Corner in Yarraville for Yarraville wharfs only. For interstate vessels, engagement and pickup times are between 8 a.m. and 9 a.m. on all days of the week, and additionally between 9.15 a.m. and 10.15 a.m. and between 1 p.m. and 3 p.m. on weekdays, and between 9.15 a.m. and 10.15 a.m. on Saturdays at specific wharfs on either side of the Yarra River. The Regulations impose clear obligations on employers, workers, and other entities involved in the engagement and pickup of waterside workers. Employers and individuals must adhere to the specified times and locations for engagement and pickup, as outlined in Section 2(1). Section 2(2) further stipulates that waterside workers must not assemble or congregate for the purpose of being engaged or picked up at any other times or places outside of those designated. These obligations ensure a structured and orderly process for the engagement of waterside workers, minimising potential disruptions and ensuring safety and efficiency at the port. The Regulations also impose penalties for non-compliance. Section 2(2) specifies that any person who engages or picks up a waterside worker outside of the designated times and places, or who facilitates the assembly or congregation of waterside workers for the purpose of being engaged or picked up outside of the specified times and places, shall face a penalty. The penalty includes a fine of ten pounds or imprisonment for one month, underscoring the seriousness of adherence to these regulations. These penalties serve as a deterrent against non-compliance and aim to maintain the integrity and efficiency of the waterside worker engagement process.