Waterside Workers Regulations (Amendment)

Overview

The Statutory Rules 1931 No. 76, titled "Regulations Under the Transport Workers Act 1928-1929," were introduced to provide specific amendments to the Waterside Workers Regulations. Enacted by the Deputy of the Governor-General, Philip Game, on behalf of the Commonwealth of Australia, these regulations were made with the advice of the Federal Executive Council and came into effect immediately. The primary aim of these regulations was to integrate returned soldiers and sailors, as defined in regulation 2 of the Waterside Employment Regulations, into the provisions governing waterside workers, thereby addressing the needs and rights of these groups within the transport industry. This legislative instrument demonstrates a commitment to recognising the contributions of returned service personnel within the workforce.

Scope and Application

The Regulations under the Transport Workers Act 1928-1929 primarily apply to individuals and entities engaged in transport work, with a specific focus on waterside workers as defined by the Waterside Workers Regulations. These regulations are designed to provide a structured framework for the employment and conduct of workers in the transport industry, particularly those associated with the Waterside Workers Federation of Australia. This includes returned soldiers and sailors, who are afforded special consideration as outlined in the Waterside Employment Regulations. The regulations affect a broad spectrum of conduct and transactions related to employment and industrial relations within the transport sector. Geographically, the regulations are applicable at the national level, extending their reach across the Commonwealth of Australia. The regulations may also be supplemented or further defined through subordinate instruments, ensuring that they remain relevant and comprehensive in addressing the evolving needs of the transport industry. Certain exclusions or exemptions may be provided under the specific terms of the regulations or related instruments, although these are not explicitly detailed in the provided text.

Key Provisions

The Regulations under the Transport Workers Act 1928-1929 (C1931L00076) primarily focus on amending the Waterside Workers Regulations. Specifically, section 1 of the Regulations amends Form TW.1 by adding categories of workers who can be registered as waterside workers. These categories include members of the Waterside Workers Federation of Australia and returned soldiers or returned sailors, as defined in regulation 2 of the Waterside Employment Regulations (subsection 1(a)). Similarly, section 2 of the Regulations amends Form TW.3 to include these categories as well (subsection 2(a)(e)) and also provides an instruction to strike out words that do not apply, which is noted in the margin of Form TW.3 (subsection 2(b)). These amendments impose certain obligations on parties involved. Firstly, it is now mandatory for waterside workers to be registered as members of the Waterside Workers Federation of Australia or as returned soldiers or sailors. This registration is essential for their formal recognition as waterside workers, thereby formalising their eligibility for certain rights and protections under the Transport Workers Act 1928-1929. Employers and relevant authorities must ensure that the updated criteria are applied correctly when registering or recognising waterside workers. Failure to comply with these Regulations could result in legal consequences. Although the specific penalties are not detailed within the excerpt of the Regulations, breaches of the Transport Workers Act 1928-1929 can generally lead to enforcement actions. These actions might include fines or other penalties as prescribed by the Act or any related legislation. The precise nature and severity of penalties would depend on the specific circumstances of the breach and any applicable provisions within the broader legislative framework.