Waterside Employment Regulations

Overview

The Waterside Employment Regulations 1931 were made under the Transport Workers Act 1928-1929 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were designed to address issues related to the employment of waterside workers, particularly those who are members of the Waterside Workers Federation of Australia and are covered by an award of the Commonwealth Court of Conciliation and Arbitration. The policy objective of these regulations was to ensure that returned soldiers and sailors were given priority in employment over other waterside workers, while also providing clear procedures for the announcement and conduct of picking-up activities at designated locations. The regulations established the legal framework for employment priority, notice requirements for picking-up activities, and the rights of workers to access picking-up places, all aimed at maintaining fair and orderly employment practices in the waterside industry.

Scope and Application

The Waterside Employment Regulations, made under the Transport Workers Act 1928-1929, establish specific guidelines for the employment and selection of waterside workers at ports within the Commonwealth where Part III of the Act applies. These Regulations mandate that waterside workers who are available for employment and are members of the Waterside Workers Federation of Australia, bound by an award from the Commonwealth Court of Conciliation and Arbitration, be given priority in employment, engagement, or picking-up for work. However, returned soldiers or returned sailors may be employed in priority over these workers. The Regulations also stipulate that anyone who fails to adhere to the priority rules will be guilty of an offence, punishable by a fine of ten pounds or imprisonment for one month. Furthermore, the Regulations require that before any picking-up of workers is commenced at a location on private property, a notice must be posted at least half an hour in advance and an announcement made upon the conclusion of the picking-up. Any failure to comply with these notice and announcement requirements constitutes an offence, with similar penalties applying. Additionally, the Regulations provide the right of entry to specified picking-up places for workers entitled to priority and returned soldiers or sailors, and prohibit any hindrance or ejection of such individuals from these places before the picking-up is concluded, with penalties for non-compliance.

Key Provisions

The Waterside Employment Regulations under the Transport Workers Act 1928-1929, effective immediately from 26 June 1931, establish specific protocols for waterside workers, primarily focusing on employment priorities, procedural announcements, and rights of entry. Section 3 of the Regulations mandates that waterside workers who are available for employment and are members of the Waterside Workers Federation of Australia must be given priority for work at Commonwealth ports. However, returned soldiers or sailors are given precedence over these workers. Any individual or entity that fails to adhere to this priority arrangement commits an offence, punishable by a fine of ten pounds or imprisonment for one month (section 3(2)). Further obligations under these Regulations include the requirement for those planning to conduct a picking-up at a private property location at a port to announce the event. Specifically, a notice must be posted conspicuously at least half an hour before the picking-up begins (section 4(1)). Additionally, upon the conclusion of the picking-up, the person responsible must announce the end of the picking-up to all present (section 4(2)). Failure to comply with these notification requirements is an offence, with penalties including a fine of ten pounds or imprisonment for one month (section 4(3)). Under Section 5, individuals who are entitled to priority under section 3 or those who are returned soldiers or sailors have the right to enter and remain at the specified picking-up location until the conclusion of the picking-up is announced. This right is explicitly protected against any hindrance or eviction attempts. Any person found guilty of obstructing or ejecting an eligible individual from the picking-up place commits an offence, which is punishable by a fine of ten pounds or imprisonment for one month (section 5(2)). The Regulations impose clear obligations on parties involved, including the timely posting of notices, making concluding announcements, and ensuring the rights of priority workers and returned service personnel are upheld. Breach of these obligations results in civil penalties, specifically fines or imprisonment, as outlined in sections 3(2), 4(3), and 5(2) of the Regulations. These provisions aim to maintain orderly and fair practices in waterside employment at Commonwealth ports.