Waterside Employment Regulations

Overview

The Waterside Employment Regulations 1931 were enacted under the Transport Workers Act 1928-1929 by the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council. The primary objective of these regulations was to address issues surrounding the employment and engagement of waterside workers, particularly in the context of the transport of goods by sea within Australia and internationally. By establishing specific rules and priorities for the selection of workers, the regulations aimed to ensure orderly and fair employment practices in the waterside industry, reflecting the broader policy objective of maintaining industrial harmony and protecting the rights of workers.

Scope and Application

The Waterside Employment Regulations made under the Transport Workers Act 1928-1929 provide specific rules governing the employment of waterside workers in ports across the Commonwealth of Australia, particularly those ports where Part III of the Transport Workers Act applies. These regulations primarily focus on the priority of employment for certain waterside workers, particularly those who are members of the Waterside Workers Federation of Australia and are bound by an applicable award from the Commonwealth Court of Conciliation and Arbitration. The regulations establish that only these specified workers should be given priority in employment, engagement, or picking-up for work related to the transport of goods by sea, unless exceptions apply, such as for returned soldiers or sailors who held licenses under the Act during a specified period. These regulations also mandate that employers provide advance notice of picking-up times and allow authorised individuals to enter picking-up areas to be picked up for work. Contravening these provisions may result in penalties of up to ten pounds or imprisonment for one month. The scope of these regulations is limited to the specific activities and individuals outlined, and they do not extend to other types of transport workers or activities outside the purview of the Transport Workers Act.

Key Provisions

The Waterside Employment Regulations provide a framework for the employment and engagement of workers in the transport of goods by sea within Australia, specifically at ports covered by the Transport Workers Act 1928-1929. According to regulation 2(1), employers are required to give priority in employment to waterside workers who are both available for work and members of the Waterside Workers Federation of Australia, an organization governed by an applicable award from the Commonwealth Court of Conciliation and Arbitration. This regulation ensures that preference is given to eligible workers who meet these criteria, promoting fair employment practices within the industry. However, there is an exception to this rule, as outlined in regulation 2(2), which allows for the employment of returned soldiers or sailors who meet specific conditions, thereby recognising the special status of these individuals in the workforce. The regulations impose certain obligations on parties involved in the employment process. Firstly, employers must not give priority in employment to workers who do not meet the membership and availability requirements specified in regulation 2(1). Secondly, employers must ensure that a notice is posted at least half an hour before any planned picking-up of workers at designated locations on private property, as stipulated in regulation 3(1). Furthermore, they must announce the conclusion of the picking-up process in a manner that is audible and understandable to all present, as per regulation 3(2). Employers also have an obligation to allow eligible workers to enter and remain at picking-up places until the end of the picking-up process is announced, as outlined in regulation 4(1). Violating these regulations can result in both civil and criminal consequences. Any person who contravenes or fails to comply with the provisions of these regulations, including the posting of notices and announcements, may be found guilty of an offence and face penalties of up to ten pounds or imprisonment for one month, as stated in regulations 2(1), 3(3), and 4(2). These penalties serve as a deterrent to non-compliance and reinforce the importance of adhering to the established employment practices outlined in the Waterside Employment Regulations.