Transport Workers (Waterside Workers) Regulations

Overview

The Transport Workers (Waterside Workers) Regulations 1931 were enacted under the Transport Workers Act 1928-1929 to establish specific rules governing the employment and engagement of waterside workers in Australia's ports. This legislative instrument was introduced to address issues related to the prioritisation and fair selection of waterside workers for employment, ensuring that members of the Waterside Workers Federation of Australia receive priority in employment opportunities. These regulations were made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation immediately. The primary policy objective behind these regulations is to maintain orderly and fair practices in the engagement of waterside workers, particularly giving preference to those who are members of the Waterside Workers Federation of Australia, while also ensuring that returned soldiers and sailors receive appropriate recognition in employment opportunities.

Scope and Application

The Transport Workers (Waterside Workers) Regulations 1931, made under the Transport Workers Act 1928-1929, apply to the employment, engagement, and picking up of waterside workers for work at ports in the Commonwealth where Part III of the Transport Workers Act applies. These regulations are designed to prioritise the employment of waterside workers who are members of the Waterside Workers Federation of Australia and are bound by a relevant award from the Commonwealth Court of Conciliation and Arbitration. Additionally, returned soldiers or sailors who held licenses under Part III of the Transport Workers Act during the first six months of 1930 are also afforded priority. The regulations mandate that employers must provide advance notice and announce the conclusion of any picking up of workers at designated locations on private property at ports. Any contravention of these provisions is subject to a penalty of a fine of ten pounds or imprisonment for one month. The regulations also provide rights of entry to specified picking up places for eligible workers and criminalise any actions that hinder or prevent such entry.

Key Provisions

The Transport Workers (Waterside Workers) Regulations, made under the Transport Workers Act 1928-1929, outline several key provisions. Primarily, these regulations establish the order of selection for waterside workers employed at ports where Part III of the Transport Workers Act applies (section 2). According to these regulations, priority is given to members of the Waterside Workers Federation of Australia who are available for employment. Exceptions are made for returned soldiers or sailors who held licenses under Part III of the Transport Workers Act within the first six months of 1930 (section 2(2)). Non-compliance with these selection rules is an offence, with penalties of up to ten pounds or imprisonment for one month (section 2(3)). The regulations also impose specific requirements on the picking up of workers. Employers must announce the picking up of waterside workers at least half an hour before it commences, and must announce the conclusion of the picking up in a manner audible to all present (section 3). Failure to comply with this notice requirement is also an offence, with the same penalty of ten pounds or imprisonment for one month (section 3). Additionally, the regulations provide that eligible workers, including members of the Waterside Workers Federation and returned soldiers or sailors, have the right to enter specified picking-up places for the purpose of being picked up for work (section 4(1)). Any interference with this right, such as hindering, preventing, or ejecting a qualified person, constitutes an offence with the same penalty of ten pounds or imprisonment for one month (section 4(2)). The Transport Workers (Waterside Workers) Regulations impose clear obligations on employers and workers. Employers must adhere to the specified order of selection and ensure proper announcements are made before and after the picking up of workers. Failure to comply with these obligations can result in civil penalties. Workers, particularly members of the Waterside Workers Federation and returned soldiers or sailors, have specific rights to be picked up for work, and any interference with these rights is prohibited. The regulations aim to ensure orderly and fair practices in the employment and engagement of waterside workers at Commonwealth ports. Breaches of these regulations carry specific penalties. Any person who employs, engages, or picks up a waterside worker in contravention of the order of selection rules is liable for an offence, punishable by a fine of up to ten pounds or imprisonment for one month (section 2(3)). Similarly, failure to post a notice of picking up on private property as required, or to announce the conclusion of picking up, is an offence with the same penalty (section 3). Interference with the right of eligible workers to enter picking-up places, such as hindering, preventing, or ejecting them, also results in an offence with the same penalty (section 4(2)). These penalties serve to enforce compliance with the regulations and protect the rights of eligible workers.