STATUTORY RULES.
1930. No. 158.
REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928-1929.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Transport Workers Act 1928-1929, to come into operation on the Nineteenth day of December, One thousand nine hundred and thirty.
Dated this nineteenth day of December, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By his Excellency’s Command,
F. M. FORDE,
for Minister of State for Transport.
Transport Workers (Waterside) Regulations.
Short title.
1. These Regulations may be cited as the Transport Workers (Waterside) Regulations.
Order of election of workers.
2.—(1). In the employment, engagement or picking-up of transport workers (being waterside workers) for oversea or inter-State vessels at the ports in the Commonwealth to which Part III. of the Transport Workers Act 1923-1929 applies, priority shall be given to those of such workers available for employment, engagement or picking-up at those ports, who are members of the Waterside Workers’ Federation of Australia, an organization which is bound by an existing award of the Commonwealth Court of Conciliation and Arbitration applicable to such employment:
Provided that nothing in this Regulation shall operate to prevent the employment, engagement or picking-up of returned soldiers or returned sailors, as defined in section eighty-one a of the Commonwealth Conciliation and Arbitration Act 1904-1930.
(2.) Any person who employs, engages or picks up a transport worker (being a waterside worker) in contravention of the last preceding sub-regulation shall be guilty of an offence.
Penalty: Ten pounds or imprisonment for one month.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Transport Workers (Waterside) Regulations, 1930, were enacted under the Transport Workers Act 1928-1929 to establish specific protocols for the employment of waterside workers at Australian ports involved in overseas or interstate shipping. This legislation was introduced by the Commonwealth Government, with the intent to provide clear guidelines for the hiring of waterside workers and to ensure the preference of those affiliated with the Waterside Workers’ Federation of Australia, which adheres to the relevant arbitration awards. The regulations aimed to maintain order and fairness in the employment practices of waterside workers while also making an exception for returned soldiers and sailors, as defined under the Commonwealth Conciliation and Arbitration Act 1904-1930. The objective of these regulations was to facilitate efficient and equitable hiring practices within the transport industry, reflecting the broader policy goals of labour market regulation and protection of workers’ rights at the time.
Scope and Application
The Transport Workers (Waterside) Regulations, made under the Transport Workers Act 1928-1929, specifically apply to the employment, engagement, or picking up of waterside workers for overseas or interstate vessels at designated ports within the Commonwealth. These regulations establish a priority system, favouring waterside workers who are members of the Waterside Workers' Federation of Australia and who are subject to an existing award from the Commonwealth Court of Conciliation and Arbitration. Despite this priority, the regulations explicitly allow for the employment of returned soldiers or sailors as defined under the Commonwealth Conciliation and Arbitration Act 1904-1930. Any person contravening these provisions by employing, engaging, or picking up a waterside worker in breach of the regulations will be guilty of an offence, with penalties including a fine of ten pounds or imprisonment for one month. The jurisdictional reach of these regulations is confined to the Commonwealth, affecting only those ports specified under Part III of the Transport Workers Act 1928-1929.
Key Provisions
The Transport Workers (Waterside) Regulations (C1930.L00158) provide specific provisions under the Transport Workers Act 1928-1929. Regulation 2(1) establishes the order of election for waterside workers, granting priority to those who are members of the Waterside Workers’ Federation of Australia, provided that the organisation is bound by an existing award of the Commonwealth Court of Conciliation and Arbitration applicable to such employment. Importantly, this priority does not apply to returned soldiers or sailors, as defined in section eighty-one a of the Commonwealth Conciliation and Arbitration Act 1904-1930.
These Regulations impose obligations on employers and hiring authorities to prioritise the engagement of waterside workers who are members of the Waterside Workers’ Federation of Australia, subject to the specified conditions. Employers and hiring authorities must ensure that their hiring practices comply with these provisions to avoid legal repercussions. Failure to adhere to the stipulated order of election can result in the hiring authority being found guilty of an offence under Regulation 2(2).
The Regulations also establish clear consequences for non-compliance. Any person found to be employing, engaging, or picking up a transport worker in contravention of these provisions is guilty of an offence and faces penalties as specified in the Regulations. The penalty includes a fine of ten pounds or imprisonment for one month, underscoring the seriousness with which the law regards compliance with these hiring practices.