Waterside Employment Regulations

Legislation au C1931L00064 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 64.

 

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 eighth day of June, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRANK BRENNAN

for Minister of State for Transport.

 

Waterside Employment Regulations.

Short title.

1. These Regulations may be cited as the Waterside Employment Regulations.

Order of selection of workers.

2.—(1.) Transport workers (being waterside workers) who—

(a) are members of the organization known as the Waterside Workers Federation of Australia, an organization bound by an award of the Commonwealth Court of Conciliation and Arbitration applicable to employment for work in or in connexion with the provision of services in the transport of goods which are the subject of trade or commerce by sea with other countries or among the States; and

(b) are available for employment, engagement or picking-up at ports in the Commonwealth to which Part III. of the Transport Workers Act 1928–1929 applies,

shall be given priority in employment, engagement or picking-up for such work at those ports.

(2.) Any person who contravenes or fails to comply with any provision of the last preceding sub-regulation shall be guilty of an offence,

Penalty: Ten pounds, or imprisonment for one month.

(3.) Persons who—

(a) 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; and

(b) are returned soldiers or returned sailors as defined in section 81a of the Commonwealth Conciliation and Arbitration Act 1904–1930,

may, notwithstanding anything contained in the last preceding sub-regulation, be employed, engaged or picked up for work of the nature specified in that sub-regulation.

1555.—Price 3d.


Picking-up places on private property—announcement of.

3.—(1.) Where a picking-up place is situate on private property at any port to which Part III. of the Transport Workers Act 1928–1929 applies, the picking-up of transport workers (being waterside workers) at that place shall not be effected unless, not less than half an hour before the picking up is to commence, a notice of the picking-up has been posted in a conspicuous position outside the picking-up place by the person effecting the picking up.

(2.) At the conclusion of any picking-up in a picking-up place to which the last preceding sub-regulation applies, the person who has effected the picking-up shall announce, in a manner capable of being heard or understood by all present, the fact that the picking-up has concluded.

(3.) Any person who contravenes or fails to comply with any provision of this regulation shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for one month.

Right of entry to picking-up place.

4.—(1.) Any person—

(a) to whom priority is required to be given under regulation 2 of these Regulations; or

(b) who is a returned soldier or a returned sailor as specified in sub-regulation (3.) of that regulation,

may, for the purpose of being picked up for work of the nature specified in sub-regulation (1.) of that regulation, enter—

(c) any picking-up place specified in the last preceding regulation after the posting at that place of a notice in accordance with that regulation announcing that a picking-up will be effected; and

(d) remain in that place, until the conclusion of the picking-up is announced in accordance with that regulation.

(2.) Any person who hinders or prevents the entry, in accordance with this regulation, of any person to whom the last preceding sub-regulation applies, into any picking-up place specified in the last preceding regulation, and any person who ejects or attempts to eject any person to whom that sub-regulation applies, from that place prior to the conclusion of the picking-up, shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for one month.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Waterside Employment Regulations 1931 were made under the Transport Workers Act 1928–1929 to provide specific guidelines for the employment of waterside workers at ports in Australia. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that transport workers affiliated with the Waterside Workers Federation of Australia received priority in employment at ports where the Transport Workers Act applied. The regulations also aim to address issues related to the order of selection and picking-up of workers, as well as ensuring that returned soldiers and sailors are given fair opportunities in waterside employment. Penalties are established for those who contravene the regulations, with a fine of ten pounds or imprisonment for one month as potential consequences.

Scope and Application

The Waterside Employment Regulations, made under the Transport Workers Act 1928–1929, govern the employment of waterside workers, specifically those who are members of the Waterside Workers Federation of Australia and are available for work at ports in the Commonwealth. These Regulations ensure that members of the Federation are given priority in employment, engagement, or picking-up for work related to the transport of goods by sea. Additionally, the Regulations provide special consideration for returned soldiers or returned sailors during the specified period, allowing them to be employed regardless of the general priority rules. The Regulations also detail procedures for the announcement of picking-up at locations on private property and provide rights of entry for eligible workers to these picking-up places. Breaches of these provisions incur a penalty of ten pounds or one month’s imprisonment. The Regulations apply across the Commonwealth and are intended to support the fair and orderly employment of transport workers.

Key Provisions

The Waterside Employment Regulations under the Transport Workers Act 1928–1929 (sections 2, 3, and 4) detail specific provisions governing the employment of waterside workers. Section 2 establishes that waterside workers who are members of the Waterside Workers Federation of Australia and who are available for employment at ports covered by Part III of the Act, have priority in being selected for work. This means that when jobs become available, these workers should be considered first. Section 3 mandates that if a picking-up place for workers is on private property, a notice must be posted at least half an hour before the picking-up begins. Additionally, the person responsible for the picking-up must announce when it has concluded. Section 4 grants specific individuals, including those with priority under Section 2 and returned soldiers or sailors, the right to enter picking-up places after a notice has been posted and to remain until the picking-up is announced as concluded. The Regulations impose several obligations on parties involved. Employers and those responsible for picking up workers must ensure that priority is given to eligible workers as specified in Section 2. They must also comply with the notice requirements in Section 3, posting a notice in a conspicuous place at least half an hour before picking-up starts and announcing when the picking-up has concluded. Furthermore, individuals must be allowed to enter picking-up places as stipulated in Section 4 without hindrance once a notice has been posted. Violations of these Regulations can result in penalties. Section 2, Section 3, and Section 4 each specify that any person who contravenes or fails to comply with their respective provisions commits an offence. The penalty for such offences is a fine of ten pounds or imprisonment for one month. These penalties underscore the seriousness with which the law treats compliance with these employment and picking-up procedures.

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Labour Law
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Regulation
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Offence Provisions
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.