Waterside Employment Regulations

Legislation au C1931L00144 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULE.

1931. No. 144.

 

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 twenty-sixth day of November, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

PARKER MOLONEY

Minister of State for Transport.

 

Waterside Employment Regulations

Short title.

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

Definitions.

2. In these Regulations, unless the contrary intention appears—

“returned soldiers” and “returned sailors” mean returned soldiers and returned sailors as defined in section eighty-one a of the Commonwealth Conciliation and Arbitration Act 1904-1930 who were, at any time during the first six months of the year 1930, the holders of licences under Part III. of the Act in respect of any ports to which the Act applied at any time during that year;

“the Act” means the Transport Workers Act 1928-1929; and

“waterside worker” means a transport worker who offers or is engaged for work in the loading or unloading of ships.

Priority in selection of workers.

3. (1) Transport workers (being waterside workers) who are available for employment, engagement or picking-up for work as waterside workers at ports in the Commonwealth to which Part III. of the Act applies, and 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 that work, shall be given priority in employment, engagement or picking-up in or for that work:

Provided that returned soldiers or returned sailors may be employed, engaged or picked-up in or for that work in priority to the persons specified in this sub-regulation.

(2) Any person who gives priority in employment, engagement or picking-up in or for that work except in accordance with this regulation shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

3642.—Price 3d.


Places for picking-up transport worker (being waterside workers).

4. (1) Transport workers (being waterside workers) shall be engaged and picked-up at the ports of Melbourne and Brisbane at the following places, namely:—

Melbourne—

(a) for over-sea vessels—

(i) The vacant land abutting on the road which runs from the Princes Pier to the New Railway Pier, Port Melbourne, at a point approximately midway between those piers;

(ii) The place between the Railway Goods Office at the entrance to the Railway Pier, Williamstown, and the Passenger Pier Williamstown; and

(iii) For work on Yarraville wharfs only—the place known as Wischer’s Corner, Yarraville;

(b) For inter-State vessels—

(i) A place between Berths Nos. 4 and 5 on the north side of the Yarra river; and

(ii) At a place adjacent to Berth No. 7 on the south side of the river; and

Brisbane—

For over-sea and inter-State vessels—at the premises known as the Brisbane Waterside Labour Bureau, situated in Lower Boundary-street, Brisbane.

(2) Any person who engages or picks-up a transport worker (being a waterside worker) at the port of Melbourne or at the port of Brisbane, and any transport worker (being a waterside worker) at the port of Melbourne or at the port of Brisbane who assembles or congregates for the purpose of being engaged or picked-up, at any places other than the places respectively specified in this regulation in respect of these ports shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

Continuance of employment.

5. (1) A transport worker (being a waterside worker) shall not subject to the next succeeding sub-regulation, be employed, or work, as a waterside worker for more than ten hours in any period of twenty-four hours.

(2) Where the Licensing Officer at any port to which Part III. of the Act applies is of opinion that the number of transport workers (being waterside workers) licensed in respect of that port and available for engagement or picking-up at the prescribed times and places is insufficient for the requirements in regard to the loading and unloading of ships at that port, or that sufficient transport workers (being waterside workers) for the loading or unloading of any particular ship are not readily available for such work, by reason of difficulties of transport, the time at which any loading or unloading is likely to be finished or by reason of any unforeseen circumstances, he may permit transport workers (being waterside workers) to be employed for such period in excess of ten hours in any period of twenty-four hours as he considers justified.


(3). Any person who employs a transport worker (being a waterside worker), in contravention of this regulation, and any transport worker (being a waterside worker) who works in contravention of this regulation shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

(4) The period of employment specified in sub-regulation (1) of this regulation shall mean any period for which a transport worker is, under or in pursuance of any award of the Commonwealth Court of Conciliation and Arbitration, entitled to payment, exclusive of waiting time and time spent in travelling, but inclusive of any period of cessation for meals occurring during the period of employment.

Determination of questions relating to membership of Federation.

6. (1) A Licensing Officer may, for the purposes of these Regulations, determine whether any transport worker (being a waterside worker) is a member of the organization known as the Waterside Workers Federation of Australia or whether any person is a returned soldier or returned sailor within the meaning of these Regulations.

(2) Any person or organization aggrieved by any such determination may within fourteen days of the date of the determination appeal against the determination to a Court of summary jurisdiction.

(3). The appeal shall be by summons calling upon the Licensing Officer to show cause why his determination should not be set aside.

(4) Upon the hearing of the appeal, the Court may as it thinks fit confirm vary or set aside the determination and its decision on such appeal shall be final and conclusive and without appeal, and shall not be questioned in any way.

 

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

Overview

The Waterside Employment Regulations, 1931, are statutory rules enacted under the Transport Workers Act 1928-1929 by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council. These regulations were introduced to address issues related to the employment of waterside workers, particularly in the context of prioritising returned soldiers and sailors for these roles. The policy objective of these regulations is to ensure fair and efficient employment practices for waterside workers, providing them with priority in employment while maintaining necessary operational standards for the loading and unloading of ships. The regulations also establish specific locations for engaging and picking up waterside workers in Melbourne and Brisbane and limit the working hours to ten hours per day, with certain exceptions. Any breaches of these regulations are subject to penalties, including fines and imprisonment.

Scope and Application

The Waterside Employment Regulations, made under the Transport Workers Act 1928-1929, establish specific guidelines for the employment and engagement of waterside workers in the ports of Melbourne and Brisbane. These regulations apply to waterside workers, who are defined as transport workers involved in the loading or unloading of ships, and are subject to the provisions of the Transport Workers Act 1928-1929. The regulations specify that waterside workers who are members of the Waterside Workers Federation of Australia should be given priority in employment, with exceptions made for returned soldiers and sailors. Employment and engagement of these workers must occur at designated locations in Melbourne and Brisbane, with penalties imposed for non-compliance. Additionally, waterside workers are restricted to a maximum of ten hours of work per day, though exceptions can be made by a Licensing Officer under certain circumstances. The regulations also outline the process for determining membership of the Waterside Workers Federation of Australia and provide for appeals against such determinations.

Key Provisions

The Waterside Employment Regulations, issued under the Transport Workers Act 1928-1929, establish specific rules for the employment of waterside workers, defined as transport workers involved in the loading or unloading of ships. Section 3(1) mandates that waterside workers who are members of the Waterside Workers Federation of Australia should be given priority for employment, with returned soldiers and sailors having priority over all others. Non-compliance with these priority rules is an offence, subject to a penalty of ten pounds or one month’s imprisonment (Section 3(2)). Section 4 specifies the precise locations in Melbourne and Brisbane where waterside workers must be engaged or picked up for work, with any deviation from these locations being an offence, also punishable by a penalty of ten pounds or one month’s imprisonment (Section 4(2)). The Regulations also impose obligations on parties involved in the employment of waterside workers. Section 5(1) restricts the working hours of waterside workers to a maximum of ten hours within any 24-hour period. However, a Licensing Officer can permit extended working hours under certain conditions, such as insufficient available workers or unforeseen circumstances (Section 5(2)). The definition of working hours includes payment periods, meal cessations, but excludes waiting time and travel time (Section 5(4)). Licensing Officers are empowered to determine the membership status of waterside workers in the Federation and the eligibility of returned soldiers and sailors, with decisions subject to appeal within fourteen days (Section 6(1)–(4)). In cases of breach of these Regulations, the penalties are clearly outlined. Engaging or picking up waterside workers outside the specified locations or failing to follow the priority rules results in a penalty of ten pounds or one month’s imprisonment (Sections 3(2) and 4(2)). Similarly, employing or working waterside workers beyond the stipulated ten-hour limit without proper authorisation from a Licensing Officer also incurs the same penalty (Section 5(3)). The determinations made by Licensing Officers regarding membership and eligibility are final and conclusive, with no further appeal possible (Section 6(4)).

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Employment & Labour Law
Instrument
Regulation
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Definitions & Interpretation
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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.