Waterside Workers Regulations (Amendment)

Legislation au C1934L00029 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 29.

_________

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, to come into operation on the ninth day of March, 1934.

Dated the seventh day of March, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. G. LATHAM

for Minister of State for the Interior.

______

Amendment of the Waterside Workers Regulations.

(Statutory Rules 1929, No. 62, as amended to this date.)

Definitions.

1. Regulation 2 of the Waterside Workers Regulations is amended by inserting, before the definition of “the Act”, the following definitions:—

“Committee’ means a Waterside Employment Committee appointed in pursuance of these Regulations;

‘licence’ means a licence issued in pursuance of Part III of the Act;”.

2. After regulation 7 of the Waterside Workers Regulations the following regulations are inserted:—

Waterside Employment Committees.

“8.—(1.) In respect of any port to which Part III of the Act applies, the Minister may appoint a Committee which shall be known as a Waterside Employment Committee.

(2.) The appointment of a Waterside Employment Committee shall be notified by the Minister in the Gazette.

(3.) Each Waterside Employment Committee shall consist of a Licensing Officer and four other persons appointed by the Minister, of whom two shall be selected by the Minister as representatives of the employers of the waterside workers at the port, one shall be selected by the Minister as a representative of the members of the organization

525.—Price 3d.


known as the Waterside Workers’ Federation of Australia who are licensed in respect of the port, and one shall be selected by the Minister as a representative of other waterside workers licensed in respect of the port.

(4.) Each member of a Waterside Employment Committee, other than the Licensing Officer, shall be appointed for such period as the Minister determines, but the Minister may remove any such member from office at any time.

(5.) The Licensing Officer for the port shall be Chairman of the Committee and, in the event of his illness or absence, the Minister may appoint a person to act as Chairman.

Meetings of Waterside Employment Committees.

“9.—(1.) The Chairman of a Waterside Employment Committee shall summon meetings of the Committee at such times as he thinks fit or as the Minister directs.

(2.) At any meeting of a Committee three members thereof shall constitute a quorum.

(3.) All questions at any meeting of a Committee shall be determined by a majority of the votes of the members present.

(4.) The Chairman or Acting Chairman at any meeting shall have an casting, but not a deliberative, vote.

Endorsement on licences to persons who were licensees on 8th September, 1933.

“10. The Licensing Officer of any port in respect of which a Committee has been appointed, if so requested by the holder of a licence for the port which is still in force and who held a licence on, and has held a licence continuously since, the eighth day of September, One thousand nine hundred and thirty-three, shall endorse upon the licence the words ‘First Preference’.

Endorsement on licences issued after 8th September, 1933.

“11. In the case of any licence issued after the eighth day of September, One thousand nine hundred and thirty-three, for a port in respect of which a Committee has been appointed, to a person who was not the holder of a licence on that date the Licensing Officer of that port may, after consideration of the matter by the Committee, endorse upon the licence the words ‘First Preference” or the words ‘Second Preference’.

Alteration of preferences.

“12.—(1.) In the case of any licence for a port in respect of which a Committee has been appointed, the Licensing Officer of that port may, after consideration of the matter by the Committee—

(a) strike out the words ‘First Preference’ endorsed upon any licence issued in respect of that port and endorse upon the licence the words ‘Second Preference’ or the words ‘Preference Cancelled’;

(b) strike out the words ‘Second Preference’ endorsed upon any licence issued in respect of that port and endorse upon the licence the words ‘First Preference’ or the words ‘Preference Cancelled’; or

(c) strike out the words ‘Preference Cancelled’ endorsed upon any licence issued in respect of that port and endorse upon the licence the words ‘First Preference’ or the words ‘Second Preference’:


Provided that the Licensing Officer shall not—

(i) strike out the endorsement ‘First Preference’ and insert in its stead the endorsement ‘Second Preference’ or the endorsement ‘Preference cancelled’; or

(ii) strike out the endorsement ‘Second Preference’ and insert in its stead the endorsement ‘Preference Cancelled’,

unless the Committee determines and reports to the Licensing Officer, and the Licensing Officer is satisfied, that the holder of the licence is inefficient or has been guilty of misconduct in a matter relating to, or affecting his fitness for, employment as a waterside worker.

(2.) Notwithstanding anything contained in the last preceding regulation or in sub-regulation (1.) of this regulation, the Licensing Officer shall not endorse any licence with the words ‘First Preference’ in pursuance of that regulation or sub-regulation if the endorsement will have the effect of increasing the number of current licences so endorsed in respect of that port to a number greater than the number of licences issued in respect of that port on or before the eighth day of September, One thousand nine hundred and thirty-three and current on that date or to a number greater than such other number as the Minister, on the recommendation of the Committee, from time to time directs.

(3.) Whenever in pursuance of either of the last two preceding regulations or of this regulation the Licensing Officer endorses any licence, or strikes out any endorsement made upon a licence and substitutes another endorsement, he shall sign or initial, date, and apply his official stamp to the endorsement, or the striking out of the endorsement and the substitution of another endorsement as the case may be.

(4.) The holder of a licence who upon being requested so to do by a Licensing Officer or by any person thereto authorized in writing by him, refuses or fails to deliver his licence to that officer or person, for the purpose of enabling the Licensing Officer, in pursuance of this regulation, to strike out an endorsement upon the licence and to substitute therefor another endorsement, shall be guilty of an offence.

Penalty: Ten pounds or imprisonment for one month.

Appeal against reduction or loss of preference

“13.—(1.) Any waterside worker whose order of preference has, in pursuance of the last preceding regulation, been reduced from First Preference to Second Preference, or whose preference has been cancelled, may within fourteen days after such reduction or cancellation, appeal to a Court of summary jurisdiction against the reduction in order of preference or cancellation of preference, as the case may be.

(2.) An appeal shall be by summons calling on the Licensing Officer to show cause why the reduction or cancellation of preference should not be set aside.

(3.) Upon the hearing of an appeal the Court may, as it thinks fit, confirm the reduction or cancellation of preference or order the restoration of the preference, or, where the case is one where a First Preference is cancelled, may direct that, in lieu of cancellation, the order of preference shall be reduced from First Preference to Second Preference.


Endorsement of duplicate licences.

“14. Whenever any duplicate licence is issued in pursuance of section ten of the Act, the Licensing Officer shall make upon the duplicate licence endorsements (including endorsements which had been struck out) initials and dates corresponding with those made upon the original licence, and shall initial the endorsements so made by him and add the date on which the duplicate licence is issued.

Order of preference in engagement of waterside workers

“15.—(1.) After the expiry of a period of one month from the date of the appointment of a Committee in respect of a port to which Part III of the Act applies, engagement of waterside workers at that port shall be made in the following order of priority:—

(a) Waterside workers who are available for employment and are the holders of current licences bearing the endorsement ‘First Preference’; and

(b) Waterside workers who are available for employment and are the holders of current licences, bearing the endorsement ‘Second Preference’; and

(c) Waterside workers to whom neither of the last two preceding paragraphs applies who are the holders of current licences.

(2.) In this regulation, the word ‘endorsement’ means an endorsement made in pursuance of these Regulations which has not been struck out in pursuance of these Regulations.

(3.) Any person who fails to give preference in the engagement of waterside workers in accordance with the provisions of this regulation shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.

Offences.

“16. Any, person who without lawful authority or excuse (proof whereof shall lie upon him)—

(a) makes any endorsement upon a licence,

(b) alters any endorsement or date placed on a licence in pursuance of these Regulations, or

(c) strikes out, erases, or obliterates any endorsement or portion of any endorsement made upon a licence in pursuance of these Regulations,

shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.

Meaning of “Endorsed” and “Endorsement.”

“17. For the purpose of these Regulations the words ‘First Preference’, ‘Second, Preference’, or ‘Preference Cancelled’, as the case may be, may be written by the Licensing Officer upon any portion of a form of licence or of the cover thereof and any worlds so written shall be deemed within the meaning of these Regulations to have been endorsed, upon the licence, and to be an endorsement within the meaning of these Regulations.”.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1934, No. 29, known as the Regulations Under the Transport Workers Act 1928-1929, were enacted to further define and regulate the administration of waterside worker licences under the Transport Workers Act 1928-1929. These regulations were introduced to address the need for clearer guidelines and procedures in the appointment of Waterside Employment Committees, the endorsement of licences, and the order of preference in the engagement of waterside workers. The enacting body for these regulations was the Federal Executive Council, acting on the advice of the Governor-General. The policy objective was to ensure fair and orderly procedures in the employment and licensing of waterside workers by establishing a structured system for preference endorsements on licences and defining the responsibilities and powers of Waterside Employment Committees.

Scope and Application

The Waterside Workers Regulations 1934, made under the Transport Workers Act 1928-1929, primarily apply to the regulation of waterside workers at ports where Part III of the Act is in effect. This legislation specifically addresses the appointment and functions of Waterside Employment Committees, the endorsement of licences, and the order of preference in the engagement of waterside workers. The scope of the Regulations extends to the appointment of Waterside Employment Committees, consisting of a Licensing Officer and four other members, including representatives of employers, the Waterside Workers' Federation of Australia, and other licensed workers. These Committees are responsible for endorsing licences with "First Preference" or "Second Preference," based on various criteria, including continuity of licence holding and fitness for employment. The Regulations also detail the procedures for altering preferences on licences, the process for appealing such alterations, and the penalties for non-compliance, such as failing to provide the required preference in the engagement of workers. The Act applies on a national level within Australia and its authority can be extended or restricted through subordinate instruments as necessary.

Key Provisions

The regulations, as detailed in Regulation 8 through Regulation 15, outline the establishment and functions of Waterside Employment Committees (WECs) appointed under the Transport Workers Act 1928-1929. These committees, which include a Licensing Officer and four appointed members representing different stakeholder groups, are tasked with managing the licensing and employment preferences of waterside workers at specified ports (Reg. 8). The Licensing Officer, who serves as the Chairman of the WEC, has the authority to summon meetings and requires a quorum of three members for decision-making, with the Chairman holding a casting vote (Reg. 9). The regulations also detail the endorsement process for licences, which may be marked with 'First Preference', 'Second Preference', or 'Preference Cancelled', based on specific criteria such as the date of licence issuance and the holder's performance (Regs. 10-12). These endorsements are subject to certain limitations, including the prohibition of increasing the number of 'First Preference' endorsements beyond a specified limit (Reg. 12(2)). The regulations further provide for the issuance of duplicate licences, which must reflect the endorsements on the original (Reg. 14), and establish the order of preference for engaging waterside workers, prioritizing those with 'First Preference' endorsements (Reg. 15). The Act imposes several obligations on the parties it governs. The Minister is responsible for appointing WECs and ensuring they are notified in the Gazette (Reg. 8(2)). The Licensing Officer, as a member of the WEC, must adhere to the procedures set forth for endorsing and altering licence preferences, ensuring that any changes are properly recorded and justified (Regs. 10-12). Additionally, waterside workers holding a licence are obligated to comply with requests to surrender their licence for the purpose of endorsement changes (Reg. 12(4)). Furthermore, employers are required to engage waterside workers in accordance with the established order of preference, which is strictly enforced to prevent discrimination (Reg. 15). Breaches of the regulations can result in both civil and criminal consequences. For instance, any person who fails to comply with the endorsement procedures or who alters a licence endorsement without authority can be fined up to one hundred pounds or imprisoned for six months (Regs. 12(4), 16). Similarly, failure to adhere to the order of preference for engaging waterside workers can result in a penalty of one hundred pounds or imprisonment for six months (Reg. 15). These penalties underscore the importance of compliance with the established procedures and obligations under the Act.

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