Transport Workers (Waterside Workers) Regulations

Overview

The Transport Workers (Waterside Workers) Regulations 1931 were enacted under the Transport Workers Act 1928-1929, aiming to address issues related to the employment of waterside workers at ports across Australia. These regulations were established by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into immediate effect. The primary objective of these regulations was to ensure that waterside workers who are members of the Waterside Workers Federation of Australia, and who are bound by a relevant Commonwealth award, are given priority in employment. Additionally, returned soldiers and sailors who held licenses under the Transport Workers Act during the first six months of 1930 are also afforded priority. The regulations outline strict protocols for the selection and picking up of workers, including requirements for prior notice and announcements at designated picking-up places, and impose penalties for non-compliance.

Scope and Application

The Transport Workers (Waterside Workers) Regulations, made under the Transport Workers Act 1928-1929, govern the employment practices of waterside workers at Commonwealth ports where Part III of the Act applies. These regulations establish a priority system for hiring waterside workers, favouring those who are members of the Waterside Workers Federation of Australia and are bound by an applicable award of the Commonwealth Court of Conciliation and Arbitration. They also provide for the employment of returned soldiers and sailors under specific conditions. The regulations impose penalties for non-compliance, including fines of ten pounds or imprisonment for one month. Additionally, they mandate that notices of the selection of workers be prominently displayed at least half an hour before the selection process and that the conclusion of the selection process be announced audibly to all present. Furthermore, the regulations permit authorised individuals, including union members and returned service personnel, to enter designated selection areas after notices are posted and until the selection process concludes. Violation of these entry rights also carries penalties. The jurisdictional reach of these regulations is confined to ports within the Commonwealth where Part III of the Transport Workers Act is applicable.

Key Provisions

The Transport Workers (Waterside Workers) Regulations 1931 (Regulations) provide detailed provisions under the Transport Workers Act 1928-1929, specifically targeting waterside workers employed in the maritime transport sector. Regulation 2 establishes the priority order for employing waterside workers at Commonwealth ports. It mandates that preference be given to workers who are members of the Waterside Workers Federation of Australia, provided they are subject to a relevant award from the Commonwealth Court of Conciliation and Arbitration. Additionally, returned soldiers or sailors who held licenses under the Transport Workers Act during the first six months of 1930 are also entitled to priority in employment. Any person who contravenes these provisions by employing, engaging, or picking up a waterside worker in a manner that disregards these priorities is liable to an offence. The Regulations impose specific obligations on employers and other persons involved in the hiring of waterside workers. For instance, Regulation 3 requires that any person intending to pick up waterside workers at a designated place on private property must provide advance notice of the picking up by posting a notice at least half an hour before the commencement of the picking up. Moreover, at the conclusion of the picking up, the person must announce that the process has ended in a manner audible to all present. Failure to comply with these notice and announcement requirements constitutes an offence. Furthermore, Regulation 4 ensures that waterside workers entitled to priority under Regulation 2 have the right to enter designated picking-up places after the required notice has been posted and remain there until the picking up concludes. Any interference with this right by hindering entry or ejecting an entitled worker before the picking up is concluded is also an offence. Under the Regulations, several breaches carry specific penalties. Regulation 2 imposes a penalty of ten pounds or imprisonment for one month for any person who employs, engages, or picks up a waterside worker in contravention of the priority provisions. Similarly, Regulation 3 imposes the same penalty for any person who fails to post a notice or announce the conclusion of the picking up as required. Additionally, Regulation 4 provides that any person who hinders or prevents the entry of an entitled waterside worker into a picking-up place or ejects such a worker before the picking up concludes is liable to the same penalty of ten pounds or imprisonment for one month. These penalties underscore the importance of adhering to the Regulations' provisions to ensure orderly and fair employment practices in the maritime transport sector.