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Wednesday, 10 June 1931

1.   These Regulations may be cited as the Waterside Employment Regulations.

2.   - (1.) Transport workers (being waterside workers) who -

(a)   are members of the organization known as the Waterside Workers Federation of Australia, an organi- zation bound by an award of the Commonwealth Court of Conciliation and Arbitration applicable to employment for work in or in connexion with the provision of services in the transport of goods which are the subject of trade or commerce by sea with other countries or among the States; and

(b)   are available for employment, engagement or picking-up at ports in the Commonwealth to which Part III. of the Transport Workers Act 1928-1929 applies, shall be given priority in employment, engagement or picking-up for such work at those ports. (2.) Any person who contravenes or fails to comply with any provision of the lost preceding sub-regulation shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for one month. (3.) Persons who-

(a)   were at any time during the first six months of the year 1930, the holders of licences under Part III. of the Transport Workers Act 1928-1929 in respect of any ports to which that Act applied at any time during that year ; and

(b)   are returned soldiers or returned sailors as defined in section 81a of the Commonwealth Conciliation and Arbitration Act 1904-1930. may, notwithstanding anything contained in the last preceding sub-regulation, be employed, engaged or picked up for work of the nature specified in that sub-regulation.

3.   - (1.) Where a picking-up place is situate on private property at any port to which Part III. of the Transport Workers Act 1928- 1929 applies, the picking-up of transport workers (being waterside workers) at that place shall not be effected unless, not less than half an hour before the picking-up is to commence, a notice of the picking-up has been posted in a conspicuous position outside the picking-up place by the person effecting the picking-up. (2.) At the conclusion of any picking-up in a picking-up place to which the last preceding sub-regulation applies, the person who has effected the picking-up shall announce, in a manner capable of being heard or understood by all present, the fact that the picking-up has concluded. (3.) Any person who contravenes or fails to comply with any provision of this regulation shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for one month.

4.   - (1.) Any person -

(a)   to whom priority is required to be given under regulation 2 of these Regulations; or

(b)   who is a returned soldier or a returned sailor as specified in subregulation (3.) of that regulation, may, for the purpose of being picked up for work of the nature specified in sub-regulation (1.) of that regulation, enter -

(c)   any picking-up place specified in the last preceding regulation after the posting at that place of a notice in accordance with that regulation announcing that a picking-up will be effected; and

(d)   remain in that place until the conclusion of the picking-up is announced in accordance with that regulation. ( 2. ) Any person who hinders or prevents the entry, in accordance with this regulation, of any person to whom the last preceding subregulation applies, into any picking-up place specified in the last preceding regulation, and any person who ejects or attempts to eject any person to whom that sub-regulation applies, from that place prior to the conclusion of the picking-up shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for one month.

By Authority: H. J. Greek, Government Printer, Canberra.

It will be noted that the regulations recently gazetted are in substance the same as those which were previously disallowed by the Senate. It is regrettable that it is again necessary to direct attention to the gazettal of these regulations in defiance of the frequently expressed opposition of the Senate.


Senator Rae - And the frequently expressed approval of another branch of the legislature.


Senator Sir WILLIAM GLASGOW - The frequently expressed opposition of this important branch of the legislature. The action recently taken by the Senate has an important bearing on the legislative work of the Commonwealth Parliament. Whatever may be the technical legal rights of the Government its action constitutes a violation of the practice of constitutional government. For party reasons and in the interests of one class of unionists, who have defied the law and have held up the trade and commerce of Australia, the Government seeks, by a back-door method, to do by regulation what it promised to do by an act of Parliament. A law-breaking union is preferred by this Government to a lawabiding union. Apparently the Government supports the violation of an award of the Arbitration Court, and in continuing to gazette these, regulations is violating an award. The conduct of the Government, and certain of its followers, in commenting upon the action of His Excellency the Governor-General in connexion with the petition recently presented to His Excellency while it was under consideration, calls for the . strongest condemnation. The action of the Government in this direction has been taken with the intention of belittling the Senate, but it will prove fruitless. The Government's action also constitutes an attempt at degrading interference with the high functions of His Majesty's representative. The Government is not influenced by reason, but is animated by bitterness and party spleen. By the actions and utterances of the present AttorneyGeneral that high office has been debased.


Senator Rae - I rise to a point of order. I desire to know, sir, whether the honorable senator is in order in reading his speech.







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