STATUTORY RULES.
1935. No. 79
REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928-1929.*
I, THE GOVERNOR-GENERAL in and over 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.
Dated this Twenty-second day of August, 1935.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command,
Acting Attorney-General.
Amendments of the Waterside Workers Regulations.†
Endorsement of preferences.
1. Regulation 10 of the Waterside Workers Regulations is repealed and the following regulation inserted in its stead:—
“10.—(1.) The holder of a licence which is still in force for a port in respect of which a Committee has been appointed, and who held a licence on, and has held a licence continuously since, the eighth day of September, 1933, may request the Licensing Officer of that port to endorse his licence in accordance with this regulation.
(2.) If the holder of the licence, within fourteen days after making the request, or within such further time as the Committee from time to time determines, satisfies the Committee that, during the period of six months immediately preceding the date of his request, he followed the occupation of waterside worker as his principal means of livelihood, the Licensing Officer shall endorse upon the licence the words ‘First Preference’.
(3.) If the holder of the licence fails to satisfy the Committee within the time referred to in the last preceding sub-regulation, the Licensing Officer shall endorse upon the licence the words ‘Second Preference’.”.
2. Regulation 15 of the Waterside Workers Regulations is amended by adding at the end thereof the following sub-regulation:—
“Order of preference in engagement of waterside workers.
(4.) Except as provided by sub-regulation (1.) of this regulation, an employer shall have, and may exercise, freedom of selection, from among the licensed waterside workers offering for engagement, of labour for the loading and unloading of ships.”.
* Notified in the Commonwealth Gazette on , 1935.
†Statutory Rules 1929, No. 62, as amended by Statutory Rules 1934, Nos. 29 and 146; and Statutory Rules 1935, Nos. 9 and 46.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3214.—10/17.7.1935.—Price 3d.
Overview
The Statutory Rules 1935, No. 79, are regulations enacted under the Transport Workers Act 1928-1929, made by the Governor-General in Council and coming into effect on 22 August 1935. This legislative instrument was introduced to amend and regulate aspects of the Waterside Workers Regulations, particularly focusing on the endorsement of preferences for licence holders and the order of preference in the engagement of waterside workers. The policy objective, as indicated in the regulations, is to ensure that employers have the freedom to select workers for loading and unloading ships while maintaining certain preferences for licensed waterside workers who have followed this occupation as their principal means of livelihood. This legislative action was intended to address gaps in the regulatory framework concerning the employment and licensing of waterside workers.
Scope and Application
The Regulations under the Transport Workers Act 1928-1929, which were made in 1935, apply to the licensing of waterside workers and their engagement by employers in the maritime industry. These regulations specifically pertain to those holding a licence for a port where a Committee has been appointed and who have held their licence continuously since 8 September 1933. The Act and its accompanying regulations govern the process of endorsing a waterside worker's licence with 'First Preference' or 'Second Preference' based on their employment history and the employer's freedom to select workers for loading and unloading ships. The scope of these regulations extends across the Commonwealth of Australia, applying uniformly to all ports where such committees are appointed, thereby ensuring standardised practices in the engagement of waterside workers. Notably, the regulations do not specify any exclusions or exemptions, implying that all eligible workers and employers within the designated jurisdictions are subject to these provisions.
Key Provisions
The Statutory Rules of 1935, No. 79, made under the Transport Workers Act 1928-1929, primarily amend the Waterside Workers Regulations. Regulation 10 has been repealed and replaced with a new regulation (sub-regulation 10(1)) allowing licence holders who have continuously held a valid licence since September 8, 1933, to request an endorsement on their licence. If the licence holder demonstrates that they have been a waterside worker for the principal means of livelihood for six months prior to the request, the Licensing Officer will endorse the licence with 'First Preference' (sub-regulation 10(2)). If the licence holder fails to provide satisfactory evidence within the specified timeframe, the licence will be endorsed with 'Second Preference' (sub-regulation 10(3)). Additionally, Regulation 15 is amended to include a sub-regulation (4) that grants employers freedom of selection among licensed waterside workers offering for engagement for loading and unloading ships, except as provided by sub-regulation (1).
The Act imposes specific obligations on licence holders and employers. Licence holders must make a request to the Licensing Officer for an endorsement on their licence if they meet the stipulated criteria and provide evidence of their employment as a waterside worker for the preceding six months. Employers are granted the right to select among licensed waterside workers, subject to the exceptions outlined in the regulations. These provisions aim to balance the rights of licence holders with the operational needs of employers in the waterside industry.
Failure to comply with the regulations can result in various consequences. For licence holders, not satisfying the Committee within the prescribed period will result in their licence being endorsed with 'Second Preference', which may affect their employment opportunities. Employers who do not adhere to the stipulated order of preference in engagement of waterside workers could face scrutiny or potential penalties, although specific civil or criminal consequences are not explicitly detailed in the regulations. The Act provides a framework for ensuring that waterside workers' rights and employers' needs are managed effectively within the regulatory environment.