Waterside Employment Regulations

Overview

The Waterside Employment Regulations 1931 were enacted to address the pressing need for organised and fair employment practices in the waterside workforce, particularly in the context of returning soldiers and sailors post-World War I. These regulations were made under the Transport Workers Act 1928-1929 and were brought into effect by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective behind these regulations was to ensure that returned soldiers and sailors, who held licences for waterside work, were given priority in employment over other waterside workers, while also establishing specific locations for hiring and limiting the working hours to prevent overwork. The regulations sought to maintain order and fairness in the hiring practices of waterside workers, particularly in the ports of Melbourne and Brisbane, by prohibiting the engagement or pickup of workers outside the designated areas and setting a maximum working period of ten hours per day.

Scope and Application

The Waterside Employment Regulations, 1931, are statutory rules made under the Transport Workers Act 1928-1929, applying specifically to waterside workers who engage in the loading or unloading of ships. These regulations cover waterside workers who are available for employment at ports within the Commonwealth where Part III of the Act applies, particularly focusing on members of the Waterside Workers Federation of Australia. The regulations mandate that these workers be given priority in employment, with returned soldiers and sailors also given precedence. The geographic reach of these regulations extends to designated ports within the Commonwealth, primarily Melbourne and Brisbane, where specific locations for picking up workers are defined. Violation of these regulations, such as employing workers beyond the permitted hours, results in an offence with penalties of up to ten pounds or imprisonment for one month. The regulations also restrict the locations where workers can be engaged or picked up, aiming to ensure orderly and prioritised employment practices in the waterside work sector.

Key Provisions

The Waterside Employment Regulations, made under the Transport Workers Act 1928-1929, establish several key provisions governing waterside workers. Section 3(1) stipulates that priority in employment, engagement, or picking up for work as waterside workers at ports to which Part III of the Act applies shall be given to members of the Waterside Workers Federation of Australia. However, returned soldiers or returned sailors have precedence over these workers (section 3(1)). Any deviation from this priority arrangement is an offence, punishable by a penalty of ten pounds or imprisonment for one month (section 3(2)). Section 4 outlines specific locations where waterside workers can be engaged and picked up at the ports of Melbourne and Brisbane. Engaging or picking up workers outside these specified locations is also an offence, with the same penalty of ten pounds or imprisonment for one month (section 4(2)). Additionally, Section 5 mandates that waterside workers shall not be employed for more than ten hours within any twenty-four-hour period, including any meal breaks. Both employers and workers who violate this regulation commit an offence and face the same penalty (section 5(2)). The Regulations impose several obligations on the parties and entities they govern. Firstly, employers must ensure that waterside workers are engaged and picked up according to the specified priority rules and locations outlined in Sections 3 and 4. This includes giving priority to members of the Waterside Workers Federation of Australia, except when returned soldiers or sailors are available, and engaging workers only at designated locations in Melbourne and Brisbane. Secondly, waterside workers must adhere to the maximum working hours of ten hours within any twenty-four-hour period, as stipulated in Section 5. Failure to comply with these obligations results in legal consequences. The Regulations also provide for civil and criminal consequences for breaches. Section 3(2) establishes that any person who gives priority in employment, engagement, or picking up for work except in accordance with the specified rules is guilty of an offence and faces a penalty of ten pounds or imprisonment for one month. Similarly, Section 4(2) states that engaging or picking up a waterside worker outside the specified locations is an offence with the same penalty. Additionally, Section 5(2) imposes a penalty of ten pounds or imprisonment for one month on both employers and workers who contravene the ten-hour employment limit. These penalties underscore the importance of adhering to the Regulations and maintaining orderly employment practices within the waterside work sector.