STATUTORY RULES.
1931. No. 34.
REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928-1929.
I, THE GOVERNOR-GENERAL 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 forthwith.
Dated this twentieth day of March, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
PARKER MOLONEY
Minister of State for Transport.
Transport Workers (Waterside Workers) Regulations.
Short title
1. These Regulations may be cited as the Transport Workers (Waterside Workers) Regulations.
Order of selection of workers.
2. —(1.) In the employment, engagement or picking-up of transport workers (being waterside workers) for work in or in connexion with the provisions of services in the transport of goods the subject of trade or commerce by sea with other countries or among the States, at ports in the Commonwealth to which Part III. of the Transport Workers Act 1928-1929 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, who were, at any time during the first six months of the year 1930, the holders of licences under Part III. of the Transport Workers Act 1928-1929, in respect of any ports to which that Act applied at any time during that year.
(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.
789.—Price 3d.
Overview
The Transport Workers (Waterside Workers) Regulations 1931 were introduced as a legislative instrument to provide detailed rules under the Transport Workers Act 1928-1929, primarily focusing on the employment of waterside workers at ports in the Commonwealth. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations was to ensure the orderly and prioritised engagement of waterside workers, particularly those who were members of the Waterside Workers' Federation of Australia and bound by relevant awards from the Commonwealth Court of Conciliation and Arbitration. This was intended to maintain industrial harmony and efficiency in the transport sector. Additionally, the regulations aimed to accommodate returned soldiers and sailors who held relevant licenses, ensuring they were not excluded from employment opportunities. Penalties for non-compliance were also established to enforce these provisions effectively.
Scope and Application
The Transport Workers (Waterside Workers) Regulations 1931 are subordinate legislation made under the Transport Workers Act 1928-1929. They apply to waterside workers engaged in the transport of goods by sea within the Commonwealth of Australia, specifically at ports covered by Part III of the Transport Workers Act. These regulations establish a priority system for the selection of waterside workers for employment, ensuring that preference is given to those who are members of the Waterside Workers’ Federation of Australia and are subject to a relevant award from the Commonwealth Court of Conciliation and Arbitration. The regulations explicitly exclude returned soldiers and sailors from the priority selection process, provided they were holders of licences under Part III of the Transport Workers Act during the first six months of 1930. Any person who contravenes the provisions regarding the selection of workers by employing, engaging, or picking up a waterside worker in breach of these regulations commits an offence, which carries a penalty of a fine of ten pounds or imprisonment for one month.
Key Provisions
The Transport Workers (Waterside Workers) Regulations, made under the Transport Workers Act 1928-1929, introduce specific provisions for the employment of waterside workers in the transport industry. According to Regulation 2(1), when employing, engaging, or picking up waterside workers for sea trade at designated ports, priority must be given to those members of the Waterside Workers’ Federation of Australia who are covered by an applicable award from the Commonwealth Court of Conciliation and Arbitration. This regulation ensures that the workers who are members of the federation and bound by the relevant award receive first consideration for employment. However, this priority does not apply to returned soldiers or sailors who held licenses under the Act during the first six months of 1930, as per the provision in Regulation 2(1).
These regulations impose clear obligations on employers and other entities involved in hiring waterside workers. Employers must ensure that they adhere to the order of selection outlined in Regulation 2(1). This includes giving precedence to eligible federation members and ensuring that the employment of returned soldiers or sailors who meet specific criteria is not obstructed. Failure to comply with these provisions can result in legal repercussions.
Breach of these regulations is treated seriously, with specific penalties outlined for non-compliance. According to Regulation 2(2), any person who employs, engages, or picks up a waterside worker in contravention of the specified order of selection is guilty of an offence. The penalty for such an offence is a fine of ten pounds or imprisonment for one month. These penalties serve as a deterrent to ensure adherence to the regulations and the rights of eligible workers.