Waterside Employment Regulations

Overview

The Waterside Employment Regulations, enacted in 1931 under the Transport Workers Act 1928-1929, were established to address the need for orderly and fair employment practices among waterside workers at Australian ports. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and was designed to ensure that returned soldiers and sailors received priority in employment, while also maintaining a structured and transparent process for selecting other workers. The policy objective of these regulations was to prevent discrimination in employment practices at ports and to provide a clear framework for the selection and engagement of workers, thereby promoting fairness and efficiency in waterside operations.

Scope and Application

The Waterside Employment Regulations, made under the Transport Workers Act 1928-1929, apply to employment and engagement of workers in transport work, specifically in the context of sea transport of goods across international borders or interstate within Australia. These regulations govern the selection of waterside workers at ports in the Commonwealth where Part III of the Act applies, stipulating that priority must be given to members of the Waterside Workers Federation of Australia who are bound by a relevant Commonwealth Court of Conciliation and Arbitration award. This regulation does not apply to returned soldiers and sailors, who can be prioritised despite not being members of the Waterside Workers Federation of Australia. The regulations also include provisions for the announcement and conduct of picking-up activities at private property, mandating that notices be posted and concluded in a manner that is audible to all present. Violation of these regulations incurs penalties of up to ten pounds or imprisonment for one month. The regulations extend their application through subordinate instruments, which may further define or refine the conditions and exceptions outlined within the primary legislation.

Key Provisions

The Waterside Employment Regulations, made under the Transport Workers Act 1928-1929, establish specific guidelines for employment and engagement practices in the transport sector. According to regulation 3(1), employers must prioritise the hiring of waterside workers who are members of the Waterside Workers Federation of Australia and have relevant licenses from 1930. This means that only these workers can be given priority in employment or picking-up for transport work at specified ports. It is important to note that returned soldiers and sailors are exempt from this priority rule, as specified in regulation 3(2). Additionally, regulation 4 mandates that any proposed picking-up at a private property location must be announced in advance, and the conclusion of the picking-up must also be announced to all present. Failure to adhere to these announcement requirements can result in penalties. Entities and individuals governed by these Regulations are obligated to follow strict procedures to ensure compliance. Employers must ensure that they are only hiring workers who meet the criteria outlined in regulation 3. This means verifying that the workers are members of the appropriate union and possess the necessary licenses. Furthermore, regulations 4(1) and 4(2) require that any picking-up activities at private properties are properly announced to all relevant parties both before and after the picking-up is completed. These obligations are crucial to maintaining order and fairness in the transport workforce. Breach of any provisions in these Regulations can result in significant consequences. Regulation 3(1) stipulates that any person who does not adhere to the priority rules for hiring workers can face a penalty of up to ten pounds or imprisonment for one month. Similarly, failure to announce picking-up activities as required by regulation 4 can also lead to penalties of ten pounds or imprisonment for one month. Additionally, regulation 5 outlines that any person who obstructs the entry of eligible workers into picking-up places or attempts to remove them before the picking-up is officially concluded can also be subject to the same penalties. These consequences serve to enforce compliance and uphold the standards set by the Regulations.