Waterside Workers Regulations (Amendment)

Overview

The Waterside Workers Regulation, Statutory Rules 1931, No. 145, is a legislative instrument enacted under the Transport Workers Act 1928-1929, designed to address specific gaps in the regulatory framework governing waterside workers. This regulation was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The regulation aims to amend the existing forms used under the Waterside Workers Act by incorporating additional categories of workers, namely members of the Waterside Workers Federation of Australia and returned soldiers or sailors, as defined in the Waterside Employment Regulations. This legislative amendment seeks to provide further clarity and inclusion in the regulatory process concerning the rights and status of these workers, thereby ensuring a more comprehensive and equitable application of the law. The regulation, which comes into operation immediately, is a direct response to identified deficiencies in the original legislative framework, aiming to rectify the oversight in the recognition of specific worker categories. By inserting these categories into the forms used for waterside workers, the regulation seeks to ensure that all relevant workers are appropriately considered under the law, thereby supporting the policy objective of creating a fair and inclusive regulatory environment for waterside workers. This amendment is certified to be true and correct in every particular by the authorised Government Printer, highlighting the official and authoritative nature of the changes introduced.

Scope and Application

The Waterside Workers Regulation, made under the Transport Workers Act 1928-1929, specifically targets waterside workers and returned military personnel by amending Form T.W.1 and Form T.W.3. This legislation applies to individuals who are members of the Waterside Workers Federation of Australia as well as returned soldiers or sailors, as defined in regulation 2 of the Waterside Employment Regulations. The amendments seek to ensure that these specific groups are appropriately identified and recognised within the regulatory framework. This legislation has a national reach, applying across the Commonwealth of Australia and thereby impacting the entire waterside workforce and returned service personnel engaged in transport-related activities. There are no stated exclusions or exemptions within these regulations, indicating a broad application intended to cover all relevant individuals within the specified categories. The regulation’s application may be further defined or extended through subordinate instruments, allowing for additional rules or clarifications to be introduced as necessary.

Key Provisions

The Waterside Workers Regulations, which were amended by the Statutory Rules 1931, No. 145, incorporate specific provisions primarily affecting the eligibility of waterside workers for certain categories of employment. These changes are primarily reflected in the insertion of new categories into Forms T.W.1 and T.W.3. For example, Form T.W.1 now includes a new category for "a member of the Waterside Workers Federation of Australia" and "a returned soldier or returned sailor" as defined in regulation 2 of the Waterside Employment Regulations (1929). Similarly, Form T.W.3 has been amended to include "a member of the Waterside Workers Federation of Australia" and "a returned soldier or returned sailor" before the words "Dated this" (1929). Additionally, Form T.W.3 now includes a directive to "Strike out the words that do not apply" in the margin (1929). These regulations impose specific obligations on the parties involved. Employers and employment agencies must now consider additional categories when determining eligibility for waterside work. Specifically, they must account for membership in the Waterside Workers Federation of Australia and the status of returned soldiers or sailors when assessing candidates for employment. Furthermore, the directive to "Strike out the words that do not apply" in Form T.W.3 requires a meticulous review of the form to ensure only relevant categories are considered. Failure to comply with these provisions can result in various consequences. While the specific penalties for non-compliance are not detailed in the provided text, the overarching Transport Workers Act 1928-1929 likely encompasses penalties for breaches. These could range from fines to more severe penalties, depending on the nature and severity of the breach. The act's provisions ensure that any violations are subject to appropriate legal action, thereby enforcing compliance and maintaining the integrity of the regulatory framework.