STATUTORY RULES.
1937. No. 82.
REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928–1929.*
I, THE DEPUTY OF 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 fourth day of August, 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendments of the Waterside Workers Regulations.†
Order of preference in engagement of waterside workers.
Regulation 15 of the Waterside Workers Regulations is amended—
(a) by inserting in sub-regulation (1.), after the word “shall”, the words “, subject to any award or order made under the Commonwealth Conciliation and Arbitration Act 1904–1934,”;
(b) by adding at the end of that sub-regulation the following proviso:—
“Provided that nothing in any award or order made under the Commonwealth Court of Conciliation and Arbitration Act 1904–1934 shall, in the engagement of waterside workers, affect the giving of first preference to volunteer waterside workers.”;
(c) by inserting in sub-regulation (3.), after the word “regulation”, the words “,in so far as those provisions are not affected by any existing award or order made under the Commonwealth Conciliation and Arbitration Act 1904–1934,”; and
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1929, No. 62, as amended by Statutory Rules 1934, Nos. 29 and 146; and Statutory Rules 1935, Nos. 9, 46 and 79.
3947.—20/23.7.1937.—Price 3d.
(d) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“(4.) For the purposes of this regulation—‘volunteer waterside worker’ means a waterside worker who—
(a) was employed or enrolled for employment as a waterside worker during the period commencing on the first day of September, 1928, and ending on the twenty first day of October, 1928, and was not during that period a member of an organization, registered under the Commonwealth Conciliation and Arbitration Act 1904–1928, of employees engaged in the loading or unloading of ships;
(b) was the holder of a licence issued on or before the twenty-first day of October, 1928;
(c) was the holder of a licence in force on the thirtieth day of June, 1937, or would have held a licence in force on that date but for its cancellation under section 12 of the Act; and
(d) is the holder of a licence which is still in force.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1937 No. 82, Regulations under the Transport Workers Act 1928–1929, were enacted by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council. These regulations were designed to address specific issues related to the engagement and preferences of waterside workers, particularly those who volunteered for employment during a specific period and held valid licences. The Transport Workers Act 1928–1929 was introduced to provide a legislative framework that ensures fair and efficient labour practices within the transport industry, addressing gaps in existing labour laws to better protect workers’ rights and streamline employment processes. These regulations aimed to clarify the order of preference in engaging waterside workers and to ensure that volunteer workers were given priority, subject to any relevant awards or orders under the Commonwealth Conciliation and Arbitration Act 1904–1934.
Scope and Application
The Regulations under the Transport Workers Act 1928–1929 pertain to the engagement of waterside workers, specifically amending the existing Waterside Workers Regulations to address the order of preference in their engagement. These regulations apply to waterside workers and those entities that engage them within the Commonwealth. They establish conditions and criteria for the engagement of volunteer waterside workers, ensuring that certain historical employment conditions are respected while allowing for updates in line with awards or orders made under the Commonwealth Conciliation and Arbitration Act 1904–1934. The scope of these regulations extends to the national level, impacting the entire Commonwealth of Australia, and they are specifically tailored to workers engaged in the loading or unloading of ships, ensuring that the preferences and rights of these workers are upheld and protected within the legislative framework.
Key Provisions
The Statutory Rules 1937, No. 82, made under the Transport Workers Act 1928–1929, focus on amending the Waterside Workers Regulations, particularly concerning the order of preference in the engagement of waterside workers. Regulation 15 has been modified to include an exception that any award or order made under the Commonwealth Conciliation and Arbitration Act 1904–1934 must not affect the principle of giving first preference to volunteer waterside workers (Regulation 15(1), 15(4)). This means that even if an award or order specifies otherwise, volunteer waterside workers must still be prioritised during engagement. Additionally, Regulation 15(3) specifies that the regulations apply as long as they are not contradicted by any existing awards or orders.
These regulations impose specific obligations on employers and waterside workers. Employers are required to give first preference to volunteer waterside workers during hiring, provided these workers meet the criteria set out in the regulations. Volunteer waterside workers must be those who were employed or enrolled for employment during a specific period in 1928, held a licence by a certain date, and still hold a valid licence as of June 30, 1937, unless the licence was cancelled under section 12 of the Transport Workers Act 1928–1929. Failure to adhere to these provisions could lead to disputes over employment preferences and potentially legal challenges.
Breaching these regulations could lead to both civil and criminal consequences. Although the specific penalties are not detailed within these regulations, under the Transport Workers Act 1928–1929, penalties for non-compliance can include fines and, in severe cases, imprisonment. Employers found in violation of these provisions might face legal action from aggrieved workers, leading to costly litigation and reputational damage. Moreover, any failure to comply with the engagement order could be deemed unlawful, potentially resulting in legal penalties imposed by the relevant authorities.