Waterfront Industry Act 1976
Waterfront Industry Act 1976
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Waterfront Industry Act 1976
Waterfront Industry Act 1976
Public Act |
1976 No 72 |
|
Date of assent |
8 December 1976 |
|
Contents
An Act to consolidate and amend the Waterfront Industry Act 1953
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Waterfront Industry Act 1976.
(2)
This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council; and different dates may be so appointed for the purpose of different provisions of this Act.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Agreement” means an agreement made between employers and workers within the waterfront industry prescribing terms and conditions upon or subject to which any person may be employed within the waterfront industry:
“Association” means an industrial association which represents not less than 2 unions within the waterfront industry and which is registered under the Industrial Relations Act 1973:
“Collective agreement” has the same meaning as in the Industrial Relations Act 1973:
“Commission” means the Waterfront Industry Commission constituted under this Act:
“Composite work force” means any group of workers which includes, but is not confined to, waterside workers and which is employed on cargo handling work in a container terminal:
“Conciliation Council” means a Conciliation Council appointed under section 44 of this Act:
“Container terminal” means, except in paragraph (c) of the definition of waterfront industry in this subsection, land, buildings, or other premises for the time being declared by the Governor-General by Order in Council under section 3 of this Act to be a container terminal for the purposes of this Act:
“Discontinuance of employment”, in relation to the waterfront industry, includes the refusal by any employer to engage workers for any work for which he usually employs workers, and the refusal of any workers to accept engagement for any work in which they are usually employed, and any method, act, or omission in the course of employment that has or is likely to have the effect of interrupting or impeding work within the waterfront industry:
“Employer” means a person employing any worker or workers within the waterfront industry:
“F.C.L. container” means an I.S.O. container that—
(a)
In the case of exports from New Zealand, holds the goods of one consignor; and
(b)
In the case of imports to New Zealand, holds the goods of one consignee:
“General Manager” means the General Manager of the Commission appointed under this Act:
“Inland container terminal” means land, buildings, or premises for the time being declared by the Governor-General by Order in Council under section 3 of this Act to be an inland container terminal for the purposes of this Act:
“I.S.O. container” means a container with a nominal external length of 20 feet or 40 feet, intended for intercontinental traffic, and constructed in accordance with specifications laid down in the international standard in respect of freight containers adopted by the Council of the body known as the International Organization for Standardization:
“L.C.L. container” means an I.S.O. container that—
(a)
In the case of exports from New Zealand, holds the goods of more than one consignor; and
(b)
In the case of imports to New Zealand, holds the goods of more than one consignee:
“Minister” means the Minister of Labour:
“Port Amenities Committee” means a Port Amenities Committee appointed under this Act:
“Port Conciliation Committee” means a Port Conciliation Committee appointed under this Act:
“Principal order” means an order made by the Tribunal under section 15 of this Act:
“Registered employer” means an employer of waterside workers who is registered under this Act:
“Tribunal” means the Waterfront Industry Tribunal constituted under this Act:
“Union” means an industrial union of employers or workers within the waterfront industry which is registered under the Industrial Relations Act 1973:
“Waterfront industry” means, subject to subsections (2) and (3) of this section,—
(a)
The carrying out of waterside work; and
(b)
The carrying out, within wharf limits, of the following work:
(i)
The driving or operation of cranes, forklift trucks, or other mechanical cargo handling equipment (other than floating plant), where such cranes, trucks, or equipment are owned or provided by a harbour board and such work at the port is the major part of the work carried out by the worker or workers concerned:
(ii)
Work customarily performed at the port, immediately before the commencement of this section, by tally clerks, including the work of checking and tallying cargo and recording container movements (except where that work of checking, tallying, or recording was then customarily performed at the port by employees of harbour boards who were tolls officers, cargo storemen, or clerical employees):
(iii)
The shoring and unshoring of cargo and hold preparation work, including the handling and placing of dunnage and the lashing and unlashing of cargo, (except where the work was, immediately before the commencement of this section, customarily performed at the port by waterside workers or seamen):
(iv)
The work of foremen stevedores, timekeepers, and permanent hands, being work that was, immediately before the commencement of this section, customarily performed at the port by such stevedores, timekeepers, and hands in connection with the supervision, timekeeping, and carrying out of waterside work; and
(c)
The carrying out of the cargo handling work customarily performed immediately before the commencement of this section, in or on any land, buildings, or other premises established as a container terminal within wharf limits at any port, by a group of workers which included, but was not confined to, waterside workers; and
(d)
Any work carried out in an inland container terminal if—
(i)
The person who operates or controls the inland container terminal also operates or controls a container terminal situated within wharf Emits at any port; and
(ii)
The work is such that if it were carried out within wharf limits it would come within the provisions of this definition by virtue of paragraph (b) or paragraph (c) of this definition:
“Waterside work” means, subject to subsections (2) and (3) of this section, the loading and unloading of ships, barges, lighters, and other vessels; and includes—
(a)
The work within wharf limits of receiving and delivering cargo and other work customarily performed at the port immediately before the commencement of this section by waterside workers whose names were on the bureau register:
(b)
The work, within wharf limits but outside any container terminal, of—
(i)
Unpacking L.C.L. containers, including the driving of mechanical equipment to unload the containers and to deliver the goods from the containers to the wharf shed or other point of rest; and
(ii)
Packing L.C.L. containers, including the driving of mechanical equipment to load goods into the containers from the wharf shed or other point of rest:
(c)
Any work within wharf limits (not being work expressly excluded from this definition by subsection (2) of this section) if every employer and every organisation of employers or workers who or which will be affected agree that that work shall be waterside work:
(d)
Any other cargo handling work within wharf limits (not being work expressly excluded from this definition by subsection (2) of this section) which the Tribunal may decide should be carried out by waterside workers in accordance with powers of the Tribunal to prescribe the class or classes of work to be performed by any union or section of a union or association of workers and the class or classes of operation to be carried out by any employer or organisation of employers within the waterfront industry:
“Waterside worker” means a worker who carries out waterside work:
“Wharf limits”—
(a)
Means the limits and boundaries of all wharves, quays, piers, jetties, land, and premises in, on, or from which passengers or goods may be taken on board of or landed from vessels and, in any case where any such limits and boundaries are for the time being defined under section 190 of the Harbours Act 1950, means the limits and boundaries so defined:
(b)
Notwithstanding anything in paragraph (a) of this definition, does not include the whole or any part of any wharf, quay, pier, jetty, land, or premises which is leased by a harbour board for commercial purposes and is not a place where work was customarily performed, immediately before the commencement of this section, by waterside workers or other workers within the waterfront industry.
(2)
For the purposes of this Act, the terms “waterfront industry”
and “waterside work”
do not include the carrying out of work customarily performed at the port immediately before the commencement of this section by—
(a)
Employees of any bulk sugar or bulk cement undertaking in the course of loading, unloading, or handling, under the control of the undertaking, the undertaking’s cargoes; or
(b)
Any employees in the course of loading, unloading, or handling—
(i)
Bulk petroleum products; or
(ii)
Any bulk products designated in principal order No. 395 of the Tribunal as non-chemical products; or
(c)
Employees (other than workers whose names were on the bureau register or who were members of the New Zealand Harbour Board Employees’ Industrial Union of Workers) in driving or operating cranes, forklift trucks, or other mechanical cargo handling equipment or in cargo handling work associated therewith; or
(d)
Employees of the New Zealand Government Railways Department.
(3)
Nothing in this Act shall prevent—
(a)
In respect of work of the kind described in subparagraph (i) of paragraph (b) of the definition of waterfront industry in subsection (1) of this section, the customary practice at any port of transferring to that work, at times when the permanent staff engaged for that work are fully employed, other harbour board workers trained for that work:
(b)
F.C.L. containers that have been unpacked outside wharf limits being stored, repaired, or washed outside wharf limits.
(4)
Every union and association shall be deemed to be a body corporate for the purposes of this Act.
Compare: 1953, No. 119, s. 2
3 Container terminals and inland container terminals
(1)
The Governor-General may from time to time, by Order in Council published in the Gazette,—
(a)
Declare any land, buildings, or other premises within the wharf limits at any port to be a container terminal for the purposes of this Act:
(b)
Declare any land, buildings, or other premises outside the wharf limits at any port to be an inland container terminal for the purposes of this Act.
(2)
The Governor-General may from time to time in like manner declare any land, building, or premises or any part of any land, building, or premises to be added to or excluded from a container terminal or an inland container terminal.
(3)
Any Order in Council made under subsection (1) or subsection (2) of this section may be in like manner revoked at any time.
Commission and Tribunal
4 Waterfront Industry Commission
(1)
For the purposes of this Act there shall be a Commission, to be called the Waterfront Industry Commission.
(2)
The Commission shall consist of 5 members appointed by the Governor-General on the recommendation of the Minister, of whom—
(a)
One shall be appointed as Chairman:
(b)
One shall be appointed on the nomination of the New Zealand Waterside Employers’ Association Industrial Association of Employers:
(c)
One shall be appointed on the nomination of the New Zealand Harbour Boards Industrial Union of Employers:
(d)
Two shall be appointed on the nomination of the New Zealand Waterside Workers’ Federation Industrial Association of Workers.
(3)
The Commission shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as corporations may lawfully do and suffer.
(4)
The Commission constituted under this Act is hereby declared to be the same Commission as the Waterfront Industry Commission constituted immediately before the commencement of this section under the Waterfront Industry Act 1953.
Compare: 1953, No. 119, s. 3
5 Waterfront Industry Tribunal
(1)
For the purposes of this Act there shall be a Tribunal, to be called the Waterfront Industry Tribunal.
(2)
The Tribunal shall consist of 3 members to be appointed by the Governor-General on the recommendation of the Minister. One member shall be appointed as Chairman of the Tribunal.
(3)
No person other than a barrister or solicitor of not less than 7 years’ practice of the Supreme Court shall be appointed to be the Chairman of the Tribunal.
(4)
The powers of the Tribunal shall not be affected by any vacancy in the membership thereof.
(5)
For the purpose of carrying out its functions under this Act the Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to this Act and to any regulations made under this Act, the provisions of that Act, except sections 4a, 11, and 12, shall apply accordingly.
(6)
The Chairman of the Tribunal, or any other member purporting to act by direction or with the authority of the Chairman, or the Secretary of the Tribunal purporting to act by direction or with the authority of the Chairman, may (on application by any party or otherwise) issue summonses requiring the attendance of witnesses before the Tribunal, or the production of documents, or may do any other act preliminary or incidental to the hearing of any application or other matter by the Tribunal.
(7)
The Chairman of the Tribunal may in any matter before the Tribunal state a case for the opinion of the Court of Appeal on any question of law arising in the matter.
(8)
The Tribunal shall have a seal, which shall be judicially noticed by all Courts and for all purposes.
(9)
The Tribunal constituted under this Act is hereby declared to be the same Tribunal as the Waterfront Industry Tribunal constituted immediately before the commencement of this section under the Waterfront Industry Act 1953.
Compare: 1953, No. 119, s. 4
6 Term of office
(1)
Except as otherwise provided in this Act, every member of the Commission and every member of the Tribunal shall be appointed for a term not exceeding 3 years, and every such member may from time to time be reappointed.
(2)
Notwithstanding anything to the contrary in this Act, every member of the Commission and every member of the Tribunal, unless he sooner vacates his office otherwise than by effluxion of time, shall continue to hold office until his successor comes into office.
(3)
Any member of the Commission or any member of the Tribunal may be at any time removed from office by the Governor-General for inefficiency, disability, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign his office by writing addressed to the Minister.
(4)
The persons who at the commencement of this section hold office as the Chairman or a member of the Tribunal shall be deemed to have been appointed to those offices respectively under this Act for a term of 1 year commencing with the date of the commencement of this section.
Compare: 1953, No. 119, s. 5
7 Extraordinary vacancies
(1)
If the Chairman or any other member of the Commission or the Chairman or any other member of the Tribunal dies, or resigns, or is removed from office, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy.
(2)
In the case of an extraordinary vacancy, the Governor-General may appoint some other fit person to be the Chairman or a member of the Commission or the Chairman or a member of the Tribunal, as the case may be, for the residue of the term for which the person vacating office was appointed. Every such appointment shall be made in the same manner as the appointment of the person vacating office.
Compare: 1953, No. 119, s. 6
8 Deputies
(1)
In any case in which the Governor-General is satisfied that any member of the Commission or any member of the Tribunal is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Governor-General, may, in the manner in which the member was appointed, appoint a fit person to act as deputy for the member during his incapacity.
(2)
Every such deputy shall, while he acts as such, be deemed to be a member of the Commission or a member of the Tribunal, as the case may be, and (if he is the deputy of the Chairman of the Tribunal or the Commission) to be the Chairman of the Tribunal or of the Commission, as the case may be.
(3)
No such appointment of a deputy and no acts done by a deputy as such, or by the Commission or the Tribunal while a deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment of the deputy had not arisen or had ceased.
Compare: 1953, No. 119, s. 7
Functions and General Powers of Commission
9 Functions of Commission
(1)
The functions of the Commission shall be—
(a)
To carry out, subject to subsection (2) of this section, all administrative work in connection with—
(i)
The engagement and employment of, and the payment of wages and allowances to, waterside workers:
(ii)
The payment of guaranteed minimum payments to waterside workers:
(iii)
Any incentive contract system or other system for the payment of waterside workers by results:
(iv)
The making of payments to waterside workers in respect of holidays, long service leave, or sick leave or by way of compensation for redundancy:
(b)
To carry out, not only in respect of waterside workers but also in respect of other workers or classes of workers within the waterfront industry, any of the functions conferred on it by paragraph (a) of this subsection if any employer or union or association of employers and any union or association of workers make a joint request to that effect specifying the functions to be carried out and the workers or classes of workers in respect of whom those functions are to be carried out:
(c)
To determine and review from time to time in respect of each port, following investigation and consideration of the opinions of the unions of employers and workers at the port, the number of workers to be entered on the bureau register for the port so as to ensure the supply of sufficient waterside labour for the efficient working of the port and to ensure that the number of workers on the bureau register for the port is not in excess of the requirements of the port:
(d)
To make and enforce bureau rules for the engagement and penalising of workers engaged through labour engagement bureaus:
(e)
To be the sole employer of waterside workers for the purposes of the Accident Compensation Act 1972:
(f)
To obtain, record, classify, compile, and publish such information and particulars as the Commission thinks fit in relation to waterside work and the waterfront industry:
(g)
Subject to and without affecting the powers of any Harbour Board to regulate the times, places, and mode of the shipping, unshipping, landing, warehousing, stowing, and depositing of goods, to allocate and transfer labour in accordance with such priorities as may from time to time be agreed to at a port by all employers of waterside workers at that port, and, failing agreement, as may be determined by the Commission:
(h)
To train or arrange for the training of waterside workers in first aid:
(i)
To appoint or arrange for the appointment of port inspectors to ensure the full and proper utilisation of waterside workers and to ensure that employers carry out adequate and continuing supervision to promote the efficiency of waterside work:
(j)
To keep the Minister advised on any matters affecting the efficient conduct of waterside work at New Zealand ports and, following consultations with the interested parties, to make recommendations to the Minister for any amendment to this Act with a view to improving industrial relations and the efficiency of the waterfront industry.
(2)
Where any waterside workers have, with the written permission of the Tribunal, been directly engaged and employed by an employer, the Commission may grant to that employer permission to carry out, in respect of those workers, all or any of the functions conferred on the Commission by paragraph (a) of subsection (1) of this section. Any such permission may be revoked at any time by the Tribunal or the Commission.
Compare: 1953, No. 119, ss. 8(a), (b), (d)–(g), 32(1)(a)–(c); 1964, No. 133, ss. 13(1), 14(2)(b)
10 Amenities for waterside workers
(1)
The functions of the Commission in respect of amenities for waterside workers shall be—
(a)
To provide such amenities (including waiting rooms, restaurants, canteens, and first aid rooms) at any port at a cost not exceeding $50,000 for each such amenity:
(b)
Subject to the Harbours Act 1950, to approve schemes for the provision by Harbour Boards of such amenities in any case where the cost of the individual amenity exceeds $50,000:
(c)
To fix the terms and conditions under which any Harbour Board shall be reimbursed for the costs incurred or to be incurred by that Board in providing, after the 17th day of March 1953, new amenities for waterside workers, and to approve any variations in those terms and conditions from time to time:
(d)
To approve the provision of such amenities by an individual employer for waterside workers who are in the permanent employment of that employer:
(e)
To furnish, equip, operate, and manage such amenities (including waiting rooms, restaurants, canteens, and first aid rooms):
(f)
To approve expenditure for maintenance costs of such amenities, whether those amenities were provided before or after the 17th day of March 1953.
(2)
Any terms and conditions fixed pursuant to paragraph (c) of subsection (1) of this section shall not be affected by any change in the use of the amenities authorised under subsection (3) of this section.
(3)
No amenities provided for waterside workers before or after the 17th day of March 1953, whether provided by a Harbour Board or otherwise, shall be used for any other purpose without the approval of the Minister, which approval may be given subject to such terms and conditions as the Minister thinks fit. Where amenities provided by a Harbour Board after that date or provided and paid for by the Commission before or after that date are on land vested in a Harbour Board or are on any wharf owned by or under the control of a Harbour Board and are approved by the Minister to be used for other purposes, the value of those amenities at the time when they cease to be used for waterside workers shall be deducted from the total cost of new amenities provided by a Harbour Board in place thereof for the purpose of fixing the amount payable to the Board for the new amenities under paragraph (c) of subsection (1) of this section or, where no new amenities are provided by the Harbour Board, shall be paid to the Commission by the Harbour Board.
(4)
If any dispute arises between the Commission and any Harbour Board as to the value of any amenities for the purpose of this section, the dispute shall be referred to arbitration under the Arbitration Act 1908.
Compare: 1953, No. 119, ss. 8(c), 39; 1964, No. 133, s. 17(1)
11 Powers of Commission
(1)
The Commission may from time to time do all such things as it deems necessary for the purpose of effectively performing its functions.
(2)
Without limiting the general power conferred by subsection (1) of this section, it is hereby declared that in the exercise of that power the Commission may from time to time do all or any of the following things:
(a)
Impose levies on the owners, agents, or masters of ships, and on any other employers of waterside workers, for carrying out the functions of the Commission and, in particular, for any of the following purposes:
(i)
Providing and operating labour engagement bureaus and central pay offices:
(ii)
Providing for guaranteed minimum payments to waterside workers:
(iii)
Providing for pay for holidays allowed to waterside workers (whether under the Annual Holidays Act 1944 or otherwise):
(iv)
Providing for payments to waterside workers in respect of long service leave:
(v)
Providing for payment to waterside workers in respect of sick leave:
(vi)
Providing for payments to waterside workers by way of compensation for redundancy:
(vii)
Providing for payments to be made by the Commission under the Accident Compensation Act 1972:
(viii)
Providing and operating amenities for waterside workers (including waiting rooms, restaurants, canteens, and first aid rooms and equipment):
(ix)
Providing for the remuneration and travelling allowances and expenses of the Chairmen and members of the Commission and Port Amenities Committees:
(x)
Providing for the recovery of costs of administrative functions undertaken by the Commission pursuant to section 9(1)(b) of this Act:
(xi)
Providing for employers’ contributions to any group endowment assurance scheme or other retirement benefit scheme for waterside workers:
(xii)
Providing for contributions agreed between the employers’ and the workers’ organisations, or prescribed by order of the Tribunal, to be paid on behalf of employers to the trustees of any fund established for the benefit of waterside workers:
(xiii)
Providing for other payments to waterside workers not directly chargeable to individual employers:
Provided that, before making any variation in any levy imposed under this paragraph the Commission shall supply to the New Zealand Waterside Employers’ Association Industrial Association of Employers and the New Zealand Harbour Boards Industrial Union of Employers a statement of the Commission’s estimated income and expenditure for the then current financial year:
(b)
Enter into such contracts as it thinks fit for the purpose of exercising its powers and performing its functions:
(c)
Recover from employers of waterside workers payments made under the Accident Compensation Act 1972:
(d)
Recover from the employers of workers within the waterfront industry money expended by the Commission on wages and allowances or for any other purpose in carrying out its functions:
(e)
Recover from money earned under any incentive contracting system, or any other system of payment by results, the cost of administration of the system:
(f)
By order in writing require any person to furnish at any time or from time to time such returns, statements, statistics, or other information relating to matters coming within the jurisdiction of the Commission as it deems necessary; and require that any such information be verified by statutory declaration; and examine and make copies of or extracts from any records from which any such information is obtained:
(g)
Purchase, take on lease, or otherwise acquire any land or interest in land, and erect, improve, alter, extend, equip, furnish, repair, and maintain buildings on any such land, for the purpose of carrying out the functions of the Commission:
(h)
Sell, exchange, transfer, lease, hire, or otherwise dispose of any real or personal property belonging to the Commission:
(i)
Establish such special funds or reserves as it deems necessary or expedient:
(j)
Invest, in the manner authorised by the Trustee Act 1956 for the investment of trust funds, any money held by the Commission which is not immediately required for the purpose for which it is held:
(k)
Purchase houses for the use of its officers and let houses to its officers at such rent and on such terms as it thinks fit, and make advances out of its funds to its officers on such terms and conditions as it thinks fit to enable them to purchase houses for their own use:
(l)
Make grants of money from the Commission’s funds to sick benefit societies, hospital comforts funds, sports clubs, and other societies and funds established for the benefit of waterside workers or other persons employed in connection with work on the waterfront (including employees of the Commission):
(m)
From time to time appoint for any port a Port Amenities Committee, which shall consist of a Chairman and such representatives of interested parties as may be determined by the Commission and whose functions, subject to the control and direction of the Commission, shall be to prepare schemes for providing amenities for waterside workers and to carry out such other duties as may from time to time be allocated to it by the Commission:
(n)
Make any order in respect of any matter coming within its jurisdiction.
(3)
Levies imposed or to be imposed on an employer pursuant to paragraph (a) of subsection (2) of this section may be increased or reduced by the Commission to such extent as it thinks necessary to take account of the differences between payments made and services provided by the Commission for that employer to waterside workers employed by him and the payments made and services provided by the Commission for other employers to waterside workers employed by them.
Compare: 1953, No. 119, s. 9; 1964, No. 133, s. 4
12 Procedure of Commission
(1)
Meetings of the Commission shall be held at such times and places as the Commission from time to time appoints.
(2)
The Chairman of the Commission may at any time call a special meeting of the Commission.
(3)
On any matter coming before the Commission the decision of a majority of the members of the Commission other than the Chairman shall be the decision of the Commission:
Provided that where a majority of the members of the Commission are unable to agree the decision of the Chairman shall be the decision of the Commission.
(4)
Every order of the Commission shall be signed by the Chairman.
(5)
The General Manager or an officer of the Commission appointed in that behalf by the General Manager shall attend all meetings of the Commission.
(6)
Any person attending a meeting under the authority of subsection (5) of this section may take part in deliberations but shall have no vote at the meeting.
13 Leases from Harbour Boards
(1)
Notwithstanding anything to the contrary in the Public Bodies Leases Act 1969 or in any other Act, every Harbour Board is hereby empowered, and shall be deemed always to have been empowered, to let or lease by private treaty any land, premises, or wharves vested in it or controlled by it to the Commission for the purpose of enabling the Commission to use such land, premises, or wharves in carrying out its functions.
(2)
Every such lease shall be for such term, and at such rent, and upon or subject to such conditions as may be agreed upon between the Harbour Board and the Commission, and if any Board and the Commission are unable to agree upon the terms of any such lease the matters in dispute shall be referred to arbitration under the Arbitration Act 1908.
Compare: 1953, No. 119, s. 9a(1), (2); 1964, No. 133, s. 5
Functions and Powers of Tribunal
14 Functions of Tribunal
(1)
The functions of the Tribunal shall be—
(a)
To make principal orders as hereinafter provided:
(b)
To decide any disputes that arise in relation to work within the waterfront industry and to take such action as it thinks fit to prevent or settle disputes:
(c)
To determine demarcation disputes as to classes of work to be performed by workers and as to classes of operations to be carried out by employers within the waterfront industry:
(d)
To determine appeals from any decisions of Port Conciliation Committees that are subject to appeal:
(e)
To control and direct the activities of Port Conciliation Committees:
(f)
To determine appeals from any decisions of the Commission under section 10(1) or section 35(3) of this Act:
(g)
To determine appeals from any orders or decisions of the Commission imposing levies or charges under section 11(2)(a) of this Act:
(h)
To investigate any matter which in its opinion is likely to cause delays to work within the waterfront industry.
(2)
In exercising its powers and functions the Tribunal shall have regard to—
(a)
The necessity for promoting the efficiency of work within the waterfront industry:
(b)
The desirability of ensuring, for the purpose of facilitating the rapid and economical turnround of ships and transit of goods through ports, the full and proper utilisation within the waterfront industry of—
(i)
Labour (including, where the Tribunal considers it appropriate, the permanent employment of particular or specialised groups of workers by particular employers); and
(ii)
Facilities:
(c)
The latest general order increasing or reducing rates of remuneration made by the Industrial Commission and any cost of living order made or deemed to be made by that Commission:
(d)
The rates of remuneration, direct and indirect, and the working conditions generally prevailing in industry:
(e)
Such other considerations as the Industrial Commission is for the time being required to take into account in making or amending an award under the Industrial Relations Act 1973:
(f)
Such other considerations as the Tribunal deems relevant.
(3)
In determining demarcation disputes, the Tribunal shall, subject to the overriding consideration that it promote efficiency and economy within the waterfront industry and the full and proper utilisation of labour and facilities within that industry, have regard to the following:
(a)
The membership rule of each of the unions:
(b)
The work done by the workers whose union coverage is the subject of the dispute:
(c)
The substantial nature of the calling or occupation of those workers in terms of those membership rules:
(d)
The classes of work or the classes of operations customarily performed or carried out by the classifications of workers or employers immediately before the passing of this Act.
Compare: 1953, No. 119, s. 10
Principal Orders
15 Principal orders as to pay and conditions of work
(1)
Subject to the provisions of this Act, the Tribunal may from time to time, of its own motion or on application as hereinafter provided, make principal orders, not inconsistent with this Act, for all or any of the following purposes:
(a)
Prescribing the conditions upon or subject to which any person may be employed within the waterfront industry:
(b)
Prescribing the terms of any such employment (whether as to remuneration or otherwise), including, if the Tribunal thinks fit, provision for—
(i)
Holidays:
(ii)
Long service leave:
(iii)
Sick leave:
(iv)
Retirement:
(v)
Redundancy:
(vi)
A guaranteed minimum payment:
(vii)
Fixing remuneration on a tonnage or unit or other basis, whether under an incentive contract system or any other system of payment by results:
(viii)
Any other matter that the Industrial Commission is empowered to include in an award under the Industrial Relations Act 1973:
(c)
Prescribing the class or classes of work to be performed by any union or section of a union or association of workers and the class or classes of operation to be carried out by any employer or organisation of employers within the waterfront industry.
(2)
In making a principal order the Tribunal shall have regard to the provisions of section 14(2) of this Act.
(3)
Except for the changes included in the definition of the term “waterside work”
, no variation in the classes of work or the classes of operations customarily performed by workers at a port or carried out by employers at a port immediately before the commencement of this section shall be made in favour of a particular classification of workers or employers except pursuant to a principal order.
(4)
As from the commencement of this section all employers and workers within the waterfront industry who are carrying out a class of operation or perfoming a class of work under an award, section of an award, or collective agreement made under the Industrial Relations Act 1973 shall be subject to the jurisdiction of the Waterfront Industry Tribunal but, subject to subsection (8) of this section, the provisions of the award, section of the award, or collective agreement shall continue to apply in respect of those employers and workers until it is replaced by a principal order made in terms of an application under section 18 or section 21 of this Act.
(5)
Every principal order shall specify the currency of the order, being any specified period not less than 1 year and not exceeding 3 years from the date on which the order is expressed to come into force, or, if the order fixes different dates on which different provisions are to come into force, then from the earliest of those dates.
(6)
Notwithstanding the expiration of the currency of a principal order, the order shall continue in force until it is replaced by a subsequent principal order or is revoked by the Tribunal or is suspended or cancelled under this or any other Act.
(7)
No principal order shall be deemed to be invalid on the ground that it delegates to or confers on the Commission or any other person any discretionary authority.
(8)
Where any award or collective agreement conflicts (in whole or in part) with a principal order, the principal order shall prevail and the award or collective agreement shall, where necessary, be deemed to have been superseded wholly or partially, as the case may require.
(9)
Any principal order may incorporate by reference all or any of the terms of any award or collective agreement including the terms of any superseded award or collective agreement.
Compare: 1953, No. 119, s. 11; 1964, No. 133, s. 6
16 Power to amend principal orders
Subject to the provisions of this Act, the Tribunal may from time to time during the currency of any principal order, either of its own motion or on an application as hereinafter provided, make orders for all or any of the following purposes:
(a)
To amend the provisions of the principal order for the purpose of remedying any defect therein or giving fuller effect thereto:
(b)
To amend the provisions of the principal order for such purposes and in such manner as the Tribunal is satisfied that all the parties to the application have agreed upon:
(c)
To amend the provisions of the principal order to give effect to any determination by the Tribunal in a demarcation dispute:
(d)
To interpret the provisions of the principal order or of any order amending the principal order:
(e)
To amend the provisions of the principal order for the purposes of applying, subject to such variations as may be determined by the Tribunal, any general order increasing or reducing rates of remuneration made by the Industrial Commission or any cost of living order made or deemed to be made by that Commission.
Compare: 1953, No. 119, s. 12
17 Power to consolidate orders
Notwithstanding anything to the contrary in this Act, the Tribunal may make principal orders for consolidating any existing orders, and may include therein any matters in respect of which principal orders may be made under section 15 of this Act:
Provided that where a consolidating order is so made all limitations of time applicable under this Act to the making of any order or to any matter ancillary thereto shall apply to every provision of any such consolidating order in all respects as if the consolidating order had not been made.
Compare: 1953, No. 119, s. 13
18 Application to Tribunal for order
(1)
Any union or association or employer may at any time apply to the Tribunal on a form provided by the Tribunal for a principal order or other order.
(2)
Every application under this section relating to one port shall be lodged with the Chairman of the Port Conciliation Committee for the port:
Provided that if no Port Conciliation Committee has been appointed for the port the application shall be lodged with the Tribunal.
(3)
Every application under this section relating to two or more ports shall be lodged with the Tribunal, and the Tribunal shall refer every such application to a Conciliation Council.
(4)
Every application under this section shall be deemed to be made on the day on which it is lodged with the Chairman of the Port Conciliation Committee or with the Tribunal as aforesaid.
(5)
Except as provided in section 17 of this Act, no application for a principal order to replace an existing principal order shall be made earlier than 4 months before the expiration of the currency of the existing order.
(6)
An application under this section may be made jointly by any two or more bodies or persons each of which is a union or association or an employer.
(7)
In the case of any application made by any union or association of workers or in the case of a joint application as aforesaid, every union or association of employers affected by the result of the application and every employer in respect of whose employees or any of them an order is applied for shall be a respondent.
(8)
In the case of any application made by any employer or any union or association of employers, every union or association of workers in respect of whose members or any of them an order is applied for shall be a respondent.
(9)
Every application under this section shall name the applicant or applicants and the respondent or respondents, and shall contain a detailed statement of the claims made by the applicant or applicants.
(10)
A copy of every application under this section shall, as soon as it is made, be sent by the applicant or applicants to the respondent or to each respondent if there are two or more.
(11)
Notwithstanding anything in subsection (1) or subsection (6) of this section, no employer whose name is not entered on the register of employers for a port shall be entitled to apply to the Tribunal for an order in respect of waterside work at that port.
Compare: 1953, No. 119, s. 14
19 Statement by respondent
(1)
At any time within one month after a copy of any application is sent to any respondent under section 18 of this Act, or within such further time as the Tribunal may in any case allow, the respondent may lodge with the Chairman of the Port Conciliation Committee or, as the case may be, with the Tribunal, a statement in detail admitting such of the claims in the application as the respondent desires to admit, or making a counter-proposal with respect to all or any of the claims of the applicants.
(2)
A copy of every such statement shall at the same time be sent by the respondent to the applicant or to each applicant if there are two or more.
Compare: 1953, No. 119. s. 15
20 Amendment or withdrawal of applications, statements, and counter-proposals
(1)
The person making any application to the Tribunal, and any person making any statement, or counter-proposal in relation to that application, may amend or withdraw the application, statement, or counter-proposal, as the case may be, at any time, whether before or during the hearing of the application by the Tribunal.
(2)
If any application, statement, or counter-proposal is withdrawn, it shall cease to be before the Tribunal.
Compare: 1963, No. 119, s. 16
21 Orders by consent
Where all the parties to any application for a principal order or other order agree in writing upon all or any of the terms to be incorporated in the order, the Tribunal may, if it thinks fit—
(a)
Where there is agreement on all the terms to be incorporated in the order,—
(i)
Make the order without holding a hearing; or
(ii)
Appoint a day and place for the hearing of the application and notify the applicant and the respondent of the day and place so appointed:
(b)
Refer the application hack to the parties with such direction in connection therewith as it thinks fit:
(c)
In making its order, incorporate in the order all or any of the terms so agreed upon without making enquiry into the matters to which those terms relate except so far as may be necessary to ensure that the order is in accordance with this Act.
Compare: 1954, No. 119, s. 17
22 Conciliation proceedings
(1)
When an application is lodged with the Chairman of a Port Conciliation Committee or referred by the Tribunal to a Conciliation Council, it shall be the duty of the Committee or the Council, as the case may be, to assist the parties to reach agreement on the subject-matter of the application.
(2)
The Chairman of the Committee or the Council, as the case may be, shall appoint a day and place for the conciliation proceedings, and shall cite the parties to the application to attend.
(3)
Subject to the provisions of this Act and of any regulations made under this Act, and to the control and direction of the Tribunal, the conciliation proceedings shall be conducted in such manner as the Committee or the Council, as the case may be, thinks fit.
(4)
At the conclusion of the proceedings or when the Committee or the Council is satisfied that further progress is unlikely, the Committee or Council, as the case may be, shall report in writing to the Tribunal the result of the proceedings and shall forward with the report a statement signed by the parties and by the Chairman of the matters upon which agreement has been reached.
Compare: 1953, No. 119, s. 18
23 Hearing and adjournments
(1)
At any time after therespondent’s statement in reply to any application has been lodged with the Chairman of the Port Conciliation Committee or, as the case may be, with the Tribunal, or after the expiration of the time allowed for lodging the respondent’s statement, the Tribunal shall appoint a day and place for the hearing of the application, and shall notify the applicant and the respondent of the day and place so appointed.
(2)
Except with the consent of the respondent, the day so appointed shall not be earlier than one month after the date of the making of the application.
(3)
The Tribunal may adjourn the hearing of any application from time to time and from place to place.
Compare: 1953, No. 119, s. 19
24 Appeals to Tribunal
(1)
Any employer or any union or any association, being an employer, union, or association affected by any decision or order to which this section relates, or the Commission on matters concerning its functions or powers, or any person whose name is removed from a bureau register and whose appeal against that removal is declined by the Port Conciliation Committee may, within 14 days after the date of the decision or order, or within such further time as the Tribunal may in any case allow, appeal against it to the Tribunal by lodging with the Port Conciliation Committee (in respect of a decision of such a Committee) or with the Tribunal (in respect of any other decision or order) a notice of appeal on a form provided by the Tribunal.
(2)
This section relates to—
(a)
Decisions of Port Conciliation Committees except—
(i)
Decisions on disputes in respect of dirt money or head room:
(ii)
Decisions on disputes on questions of fact:
(iii)
Decisions on any other dispute which the members of the Committee unanimously agree is of local significance only:
(iv)
Decisions concerning admission to the bureau register:
(b)
Decisions or orders of the Commission—
(i)
Made under section 10(1) of this Act:
(ii)
Made under section 11(2)(a) of this Act imposing levies or made under section 11(3) of this Act increasing or reducing any such levies:
(iii)
Made under section 35 of this Act.
(3)
On the hearing of any appeal the Tribunal may confirm, modify, or reverse the decision or order appealed against, or make such other decision or issue such direction in connection therewith as it thinks fit.
Compare: 1953, No. 119, s. 20; 1964, No. 133, ss. 7(1), 14(2)(a)
Procedure of Tribunal
25 Hearings in public
All applications and appeals to the Tribunal shall be heard in public, unless the Tribunal in any particular case, due regard being had to the interests of all persons concerned and to the public interest, considers that the hearing or any part of it should take place in private.
Compare: 1953, No. 119, s. 21
26 Advocates
(1)
In any proceedings before the Tribunal every party to the proceedings and every organisation allowed to be heard under section 27 of this Act and the Commission, on matters concerning its functions or powers, may be represented by an advocate or advocates.
(2)
No person shall be an advocate unless he is an officer or servant of a party to the proceedings or of an organisation allowed to be heard under section 27 of this Act or of the Commission, and is not a barrister or solicitor who holds a practising certificate for the time being in force under the Law Practitioners Act 1955:
Provided that a barrister or solicitor who holds such a certificate may act as advocate—
(a)
On an application for an order under section 16(d) of this Act; or
(b)
On a preliminary application to the Tribunal to consider whether it has jurisdiction to deal, in whole or in part, with any matter proposed to be raised before it in any proceedings where—
(i)
Notice of the preliminary application and of the grounds on which it is made have been lodged with the Tribunal and given to the other parties to the proceedings not less than 7 clear days before the day appointed for the hearing of the proceedings; or
(ii)
The Tribunal grants leave for barristers and solicitors to act as advocates; or
(c)
In any proceedings before the Tribunal under section 36, section 37, or section 51 of this Act; or
(d)
With the consent of all the parties in any other case.
Compare: 1953, No. 119, s. 22; 1964, No. 133, s. 8
27 Organisations entitled to be heard in any proceedings
In any proceedings before the Tribunal any organisation of employers or workers shall be entitled to appear and be heard in every respect as if it were a party to the proceedings if, in the opinion of the Tribunal, the organisation or the members thereof may in any manner be affected by the result of the proceedings.
Compare: 1953, No. 119, s. 22a; 1964, No. 133, s. 9
28 Rules of procedure
(1)
Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may from time to time make rules for regulating its procedure.
(2)
Subject to the provisions of this Act and of any rules or regulations made under this Act, the Tribunal may regulate its procedure in such manner as it thinks fit.
Compare: 1953, No. 119, s. 23
29 Quorum and decision of Tribunal
(1)
The presence of the Chairman and of at least one other member shall be necessary to constitute a sitting of the Tribunal.
(2)
The decision of a majority of the members present at a sitting of the Tribunal shall be the decision of the Tribunal. If the members present are equally divided in opinion, the decision of the Chairman shall be the decision of the Tribunal.
(3)
Every order and decision made by the Tribunal shall be signed by the Chairman and at least one other member of the Tribunal.
Compare: 1953, No. 119, s. 24
Effect of Orders and Decisions of Tribunal
30 Effect of orders and decisions
(1)
Every order and decision made by the Tribunal under this Act shall be binding on all persons whom the order or decision purports to affect, whether or not any such person is a member of an association or a union.
(2)
The Tribunal may, for the purpose of any of its decisions, give all such directions as are reasonably proper for carrying the decision into effect.
Compare: 1953, No. 119, s. 25
31 Date of commencement of orders and provisions
(1)
Any order or provision of an order and any direction or decision may be made or given by the Tribunal so as to come into force on a day to be specified therein in that behalf, being either before or after the date thereof, but, in the case of a principal order, not earlier than the date of the making of the application for the order, and, in the case of an order replacing an existing order (except as provided in section 17 of this Act), not earlier than the expiration of the currency of the existing order.
(2)
Every order or provision of an order and every direction or decision in respect of which no date is specified as aforesaid shall come into force on the day after its date.
Compare: 1953, No. 119, s. 26
32 Proceedings not to be held bad for want of form, or appealed against
Proceedings before the Tribunal shall not be held bad for want of form. No appeal shall lie from any order, direction, or decision of the Tribunal, and, except upon the ground of lack of jurisdiction, no proceeding, order, direction, or decision as aforesaid shall be liable to be challenged, reviewed, quashed, or called in question in any Court.
Compare: 1953, No. 119, s. 27
33 Agreements
(1)
Where any union, association, or employer enters into an agreement which relates to a matter that could be the subject of an order of the Tribunal, then, unless application is made forthwith for an order of the Tribunal giving effect to the agreement, it shall be the duty of every union, association, and employer, which or who is a party to that agreement, to ensure that the agreement is filed with the Tribunal by delivering a copy of that agreement to the Tribunal within 14 days after the date on which the agreement is entered into or within such further period as the Tribunal may allow.
(2)
Any such union, association, or employer may at any time apply to the Tribunal, in accordance with section 18 of this Act, for an order incorporating the terms of any agreement that has been filed with the Tribunal.
Registers of Employers and Workers
34 Register of employers for each port
(1)
Notwithstanding the provisions of any other enactment, the Commission shall keep, at each port where registered waterside workers are employed, a register of employers.
(2)
No person who is not on the register of employers for any port shall be entitled to employ any person on waterside work at that port.
(3)
No person (other than a registered employer of waterside workers or an association of employers of waterside workers) shall be entitled to enter into an agreement with any waterside workers or with any union or association of waterside workers on conditions for employing waterside workers.
(4)
The register of employers need not be kept in the form of a book.
35 Application for entry on register of employers
(1)
Any person who wishes to have his name entered on the register of employers for any port shall apply to the Commission on a form to be provided by the Commission.
(2)
The Commission shall register the applicant if it is satisfied that—
(a)
He has the means—
(i)
Of carrying out waterside work at the port in an expeditious, safe, and efficient manner; and
(ii)
Of discharging the duties and obligations of an employer under this Act; and
(b)
He will be able to pay, as they become due, the wages and other amounts payable by him in respect of waterside work (including any levies imposed under this Act); and
(c)
Having regard to such other matters as are relevant (including, where applicable, the cancellation under section 37 of this Act of any previous registration of the applicant as an employer of waterside workers), it is proper to register the applicant as an employer of waterside workers.
(3)
Where the Commission declines any application under subsection (1) of this section, the applicant may appeal to the Tribunal against the decision by giving notice of appeal under section 24 of this Act within 14 days after the date on which notice of the decision is given to him or within such further time as the Tribunal may in any case allow.
Compare: Stevedoring Industry Act 1956–1962, s. 28(Commonwealth of Australia)
36 Employers’ obligations
(1)
Every registered employer shall—
(a)
Ensure that the performance of waterside work by waterside workers engaged by him is, at all times, properly supervised; and
(b)
Ensure that, as far as is practicable,—
(i)
Waterside work for which he has engaged waterside workers is expeditiously and efficiently performed; and
(ii)
The labour of waterside workers engaged by him for waterside work is used to the best advantage.
(2)
Every employer commits an offence and shall be liable on conviction by the Tribunal to a fine not exceeding $1,500 who contravenes or fails to comply in any respect with subsection (1) of this section.
37 Cancellation or suspension of registration of employers
(1)
If the Tribunal, on the application of the Commission, is satisfied that an employer registered at a port—
(a)
Has applied to the Commission for the cancellation or suspension of his registration; or
(b)
Has ceased to carry out the work and obligations of a registered employer; or
(c)
Does not have the means of carrying out waterside work at the port in an expeditious, safe, and efficient manner or of discharging the duties and obligations of an employer under this Act; or
(d)
Is not able, or may become unable, to pay, as they become due, wages or other amounts payable by him in respect of waterside work (including any levies imposed under this Act); or
(e)
Has failed to comply with an order or direction of the Commission or of the Tribunal; or
(f)
Has been convicted of an offence against this Act,—
the Tribunal may, if it thinks it appropriate to do so in the circumstances, direct the Commission to cancel the registration of the employer or to suspend his registration until the expiration of such period as the Tribunal directs, and thereupon the Commission shall cancel or suspend the registration of the employer accordingly.
(2)
The powers of the Tribunal under subsection (1) of this section are not affected by, and do not affect, any power to impose a pecuniary penalty upon a registered employer in respect of an offence.
(3)
Where the Commission has made an application to the Tribunal under subsection (1) of this section on the ground referred to in paragraph (d) of that subsection, the Commission may suspend the registration of the employer concerned until the determination of the application.
Compare: Stevedoring Industry Act 1956–1962, s. 35(1), (2a) (Commonwealth of Australia)
38 Bureau register for each port
(1)
The Commission shall keep, at each port, a bureau register, on which shall be entered the names of such waterside workers as may from time to time be directed by the Port Conciliation Committee.
(2)
The name of any worker shall be removed from the bureau register if—
(a)
Subject to sections 105 to 112a of the Industrial Relations Act 1973 (as applied by section 50(2) of this Act) and to section 50(3) of this Act, he fails to join the Waterside Workers’ Industrial Union of Workers for the port before the expiration of 7 days after the date on which his name is placed on the register; or
(b)
Subject as aforesaid, he ceases to be a member of that union at any time after the said period of 7 days; or
(c)
The removal of his name from the register is directed by the Waterside Employers’ Union Industrial Union of Employers for the port or, if no such union is registered under the Industrial Relations Act 1973, by the New Zealand Waterside Employers’ Association Industrial Association of Employers:
Provided that every worker whose name is removed under paragraph (c) of this subsection may, within 14 days after notice of the removal is given to him or within such further time as the Port Conciliation Committee may in any case allow, appeal to the Port Conciliation Committee.
(3)
Every person whose name is on the bureau register for any port shall be entitled to become a member of the Waterside Workers’ Industrial Union of Workers for that port on application made in accordance with its rules, and in so far as the rules of any union are inconsistent with this subsection they shall be null and void.
(4)
Any person whose name was on the bureau register for any port immediately before the date of the commencement of this section shall be deemed to have had his name entered on that date on the register of waterside workers for that port.
(5)
The bureau register need not be kept in the form of a book.
Compare: 1953, No. 119, s. 28; 1964, No. 133, s. 10
39 Preference for workers on bureau register
No person whose name is not on the bureau register for any port shall be employed to do any waterside work at that port unless there is no person whose name is on the register available to do that work and ready and willing to undertake it.
Compare: 1953, No. 119, s. 29(1)
40 Inspection of registers and evidence of contents
(1)
Any officer or employee of any union or association within the waterfront industry may at any reasonable time during business hours inspect the register of employers or the bureau register for that port.
(2)
Any officer or employee of the Commission or other person authorised in that behalf by the Commission may at any reasonable time during business hours inspect the register of members of any union of waterside workers for any port and make copies of or extracts from the register or any part thereof.
(3)
Every such copy or extract shall be admissible in any proceedings in any Court as evidence of the contents of the register or part thereof, as the case may be.
Compare: 1953, No. 119, s. 30
Conciliation Committees
41 Port Conciliation Committees
(1)
The Minister may from time to time approve the establishment for any port or ports of a Port Conciliation Committee.
(2)
Each such committee shall consist of an independent chairman and equal representation of employers and workers within the waterfront industry.
(3)
The Chairman of each such committee shall be appointed from time to time by the Minister for a term not exceeding 1 year.
(4)
The Minister may from time to time appoint a Deputy Chairman of any such committee for a term not exceeding 1 year.
(5)
The Deputy Chairman may attend any meeting of the Committee but shall act as a member of the Committee only during the absence of the Chairman or during any vacancy in the office of Chairman.
(6)
In the absence of the Chairman or during any vacancy in the office of Chairman, the Deputy Chairman shall have and may exercise all the powers, functions, and duties of the Chairman, and shall preside at all meetings of the Committee.
(7)
The members representing the employers and the members representing the workers shall be appointed by the Chairman, on the nomination of the unions concerned with the matters to be dealt with by the Committee, and shall be so appointed from time to time as the occasion requires, and shall hold office, in relation to that matter. Different members may be appointed in respect of different matters concurrently before the Committee, but equality of representation shall always be preserved.
(8)
The terms of office of the members of every Port Conciliation Committee appointed under the Waterfront Industry Act 1953 and in office immediately before the commencement of this section shall expire with the commencement of this section.
Compare: 1953, No. 119, s. 31; 1964, No. 133, s. 12
42 Functions of Port Conciliation Committees
(1)
Subject to the control and direction of the Tribunal, every Port Conciliation Committee, in relation to every port for which it is appointed, shall, in addition to its functions under section 22 of this Act,—
(a)
Classify waterside workers:
(b)
Determine the names of waterside workers to be placed on the bureau register for the port:
(c)
Decide any local disputes that arise in relation to work within the waterfront industry, and take such action as it thinks fit to prevent or settle local disputes:
Provided that demarcation disputes shall be referred direct to the Tribunal:
(d)
Determine any appeal against the removal of a worker’s name from a bureau register pursuant to a direction given under section 38(2)(c) of this Act:
(e)
Co-ordinate the activities of any persons or bodies concerned in work within the waterfront industry:
(f)
Perform and exercise such other duties as may from time to time be allocated to it by the Tribunal.
(2)
Any Port Conciliation Committee may at any time, whether before or after it has heard any interested parties in relation thereto, refer to the Tribunal for decision by it any application made to the Committee concerning any dispute, or any question before the Committee.
(3)
Where there is no Port Conciliation Committee for any port, any union or association or any employer may at any time refer to the Tribunal for decision any dispute that arises in relation to work within the waterfront industry or any question in relation to any matter that is a function of Port Conciliation Committees by virtue of the provisions of subsection (1) of this section.
Compare: 1953, No. 119, s. 32; 1964, No. 133, ss. 13,14(2)(b)
43 Decision of Port Conciliation Committees
(1)
On any matter coming before a Port Conciliation Committee the decision of a majority of the members of the Committee other than the Chairman shall, except as provided in the proviso to section 42(1)(c) of this Act, be the decision of the Committee:
Provided that where a majority of the members of the Committee are unable to agree the decision of the Chairman shall be the decision of the Committee.
(2)
If any members of a Committee or all or any of the applicants or respondents to any proceedings before a Committee fail or refuse to attend at the proceedings, the Committee may nevertheless proceed with the proceedings as if all the members and all the parties were present or represented.
Compare: 1953, No. 119, s. 33; 1973, No. 19, s. 78(4)
Conciliation Councils
44 Conciliation Councils
(1)
For the purpose of conciliation proceedings under section 22 of this Act in respect of each application relating to two or more ports, the Minister shall direct the establishment of a Conciliation Council consisting of an independent Chairman and an equal number of employers’ representatives and workers’ representatives.
(2)
The Chairman of each such Council shall be appointed from time to time by the Minister for a term not exceeding one year.
(3)
The employers’ representatives and the workers’ representatives shall be appointed by the Chairman and shall be so appointed from time to time as the occasion requires in relation to the application before the Council, on the nomination of the unions concerned with that application, but equality of representation shall always be preserved.
General Provisions as to Committees and Councils
45 Procedure of committees and councils
(1)
The decision of any committee or council appointed under this Act on any matter shall be pronounced by the Chairman, and no separate pronouncement shall be made by any other member of the committee or council with respect to any decision of the committee or council.
(2)
Every order or decision of any such committee or council shall be signed by the Chairman.
(3)
Subject to the provisions of this Act and of any regulations made under this Act and to the control and direction of the Tribunal, every such committee or council may regulate its procedure in such manner as it thinks fit.
Compare: 1953, No. 119, s. 42; 1964, No. 133, s. 14(2)(c)
46 Term of office
(1)
Notwithstanding anything to thecontrary in this Act, every member of any committee appointed under this Act, unless he sooner vacates his office otherwise than by effluxion of time, shall continue to hold office until his successor comes into office.
(2)
Any appointed member of a committee or council appointed under this Act may be at any time removed from office by the appointing authority for inefficiency, disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the appointing authority, or may at any time resign his office by writing addressed to the appointing authority.
(3)
If any appointed member of a committee or council appointed under this Act dies, or resigns, or is removed from office, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy.
(4)
In the case of an extraordinary vacancy, the appointing authority may appoint another fit person to be the Chairman or a member of the committee or council, as the case may be, for the residue of the term for which the person vacating office was appointed. Every such appointment shall be made in the same manner as the appointment of the person vacating office.
(5)
In this section the term “appointing authority”
means, in respect of any committee or council appointed by the Minister, the Minister, and, in respect of any committee appointed by the Commission, the Commission.
Compare: 1963, No. 119, s. 42a; 1964, No. 133, s. 18
47 Deputies
(1)
The Minister may from time to time appoint any person to be the deputy of the Chairman of any committee (other than a Port Amenities Committee or a Port Conciliation Committee) or council appointed under this Act.
(2)
The Commission may from time to time appoint any person to be the deputy of the Chairman of any Port Amenities Committee.
(3)
The Deputy Chairman of any committee or council may act as Chairman in the absence from any meeting of the Chairman, and while so acting shall have all the powers of the Chairman.
(4)
If any member other than the Chairman is unable to be present at any meeting of any committee or council, he may, by writing addressed to the Chairman, appoint a deputy to attend that meeting in his place.
(5)
Every such deputy shall, while he acts as such, be deemed to be the Chairman or a member of the committee or council, as the case may be.
(6)
No such appointment of a deputy and no acts done by a deputy as such, or by the committee or council while a deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
Compare: 1953, No. 119, s. 43; 1964, No. 133, s. 14(2)(d)
Miscellaneous
48 Duties and powers of inspectors
(1)
The duties of each port inspector appointed under section 9(1)(i) of this Act are—
(a)
To investigate and report to the Commission on the extent to which registered employers of waterside workers are—
(i)
Making full and proper use of workers engaged on waterside work; and
(ii)
Carrying out adequate and continuing supervision of waterside work:
(b)
To report to the Commission where he considers that the efficiency of waterside work is being impeded by the manner in which other work within the waterfront industry is being performed:
(c)
To suggest to employers and waterside workers, in appropriate cases, means by which waterside work could be performed with greater expedition and efficiency:
(d)
To carry out such other duties as may be directed by the Commission.
(2)
For the purpose of carrying out his duties under this Act, a port inspector may, at any time during working hours,—
(a)
Enter any wharf or ship:
(b)
Inspect any waterside work and other work within the waterfront industry.
(3)
Every person commits an offence and shall be liable on conviction by the Tribunal to a fine not exceeding $200 who hinders or obstructs a port inspector in the exercise of his duties or makes, to any such inspector acting in the course of his duties, a statement, whether oral or in writing, which is false or misleading.
Compare: Stevedoring Industry Act 1956–1962, s. 23 (Commonwealth of Australia)
49 Provision and driving of mechanical equipment within wharf limits
(1)
Notwithstanding any enactment (other than the New Zealand Ports Authority Act 1968) or any bylaws made by any Harbour Board, a registered employer at any port shall, if at any time the Harbour Board is unable to provide sufficient mechanical equipment when it is required for the expeditious and efficient performance of waterside work, be entitled to use, within the wharf limits, mechanical equipment owned or provided by him.
(2)
Waterside workers who have been trained to drive mechanical equipment shall be employed to drive such equipment within the wharf limits if there is at any time a shortage of those workers who are customarily employed to drive it at the port.
(3)
Where a registered employer leases pieces of land or other premises within wharf limits he shall be entitled to use mechanical equipment owned or provided by him, and driven by waterside workers who are trained to drive such equipment, to transport cargo between the different pieces of land or other premises.
(4)
Nothing in this Act or the Harbours Act 1950 shall prevent a registered employer from using mechanical equipment owned or provided by him and driven by his own permanent employees for the purpose of shifting stevedoring gear from his gear store to ship’s side or vice versa, or from ship to ship. Nothing in this subsection shall excuse any person from compliance with any provision of any Act, regulation, or bylaw, relating to the protection of life or property or the control of traffic.
(5)
Nothing in this section shall authorise any person to act contrary to the national ports plan in force for the time being under the New Zealand Ports Authority Act 1968 or contrary to any provision of that Act.
50 Limited application of Industrial Relations Act 1973
(1)
Except as otherwise provided in this Act, the provisions of the Industrial Relations Act 1973 shall not apply to any employer or worker within the waterfront industry who is bound by an order of the Tribunal or to any organisation of employers or workers which is so bound.
(2)
The provisions of sections 98 to 112a (subject to subsections (5) and (6) of this section), section 120, section 121, section 122a, Part IX, Part XI, Part XII (except sections 167 and 175(o)), and Part XIII of the Industrial Relations Act 1973 shall apply to every employer and worker within the waterfront industry who is bound by an order of the Tribunal and to every industrial union or industrial association of employers or workers which is so bound and, so far as those provisions relate to officers and members of any such union or association, to those officers and members:
Provided that, for the purposes of this subsection, the functions and powers vested in the Industrial Court or Industrial Commission by any of the provisions of sections 98 to 112a or of Part IX or of Part XI of the Industrial Relations Act 1973 shall be exercised by the Waterfront Industry Tribunal.
(3)
For the purposes of sections 101a to 101e of the Industrial Relations Act 1973 (as applied by subsection (2) of this section) the powers that may be exercised in respect of waterside workers pursuant to paragraph (a) or paragraph (b) of section 38(2) of this Act shall be deemed to be powers that may be exercised only pursuant to an unqualified preference provision, and the provisions of those sections shall apply accordingly with all necessary modifications.
(4)
For the purposes of this section every such order of the Tribunal shall be deemed to be an award or industrial agreement within the meaning of the Industrial Relations Act 1973.
(5)
Notwithstanding anything in subsection (2) of this section, the only provisions of sections 98 to 104 of the Industrial Relations Act 1973 which shall apply in respect of waterside workers shall be those of sections 101a to 101e of that Act (as applied with modifications by subsection (3) of this section).
(6)
In making an order covering workers within the waterfront industry, other than waterside workers, the Tribunal shall insert in it an unqualified preference provision within the meaning of section 98 of the Industrial Relations Act 1973 only if it is satisfied that—
(a)
Such a provision has been agreed to by all the parties to the proceedings before the Tribunal; or
(b)
Not less than 50 percent of the adult workers who on the making of the order will be bound by it desire the insertion in it of an unqualified preference provision.
(7)
The effect of registration of a waterfront industry union under the Industrial Relations Act 1973 shall be to render the union and all persons who are members of it at the time of registration or who become members, subject to all of the provisions and to the jurisdiction of the Industrial Court given under those provisions pursuant to Part XII (except sections 167 and 175(o)) and Part XIII of that Act, and all such persons shall be bound by the rules of the union during the continuance of their membership.
Compare: 1953, No. 119, s. 44; 1964, No. 133, s. 19
51 Powers of Tribunal to enforce penalty provisions
For the purposes of enforcing the provisions of this Act for which penalties are provided, the Tribunal shall have the same powers as the Industrial Court has under the Industrial Relations Act 1973 in respect of offences and breaches that may be dealt with by that Court, and Part XI shall apply accordingly with such modifications as are necessary.
52 Minister may suspend orders upon discontinuance of employment
(1)
If in respect of any discontinuance of employment in the waterfront industry the Minister is satisfied that it has caused or is likely to cause serious loss or inconvenience and that it has been brought about wholly or partly by any union or association within the waterfront industry or by any member or members thereof or by any employer within the waterfront industry, the Minister may, by notice in the Gazette, suspend in whole or in part all or any of the provisions of any order, direction, or decision made by the Tribunal or by the Commission or by any committee or council under this Act in respect of their application to all or any of the ports in New Zealand.
(2)
Any notice under this section may be at any time in like manner amended or revoked.
(3)
Every notice under this section shall have effect according to its tenor, and shall come into force on the date of its notification in the Gazette, or on such later date as may be specified in that behalf in the notice.
(4)
Nothing in this section shall derogate from the provisions of section 130 of the Industrial Relations Act 1973.
Compare: 1953, No. 119, s. 45
53 Officers of Commission
(1)
The Minister may from time to time appoint a General Manager and such other officers and employees of the Commission as he thinks necessary.
(2)
The General Manager shall be the administrative head of the Commission and shall be responsible to the Commission for the efficient and economical administration of the functions of the Commission.
(3)
The General Manager and every other officer and employee of the Commission shall hold office during the pleasure of the Minister.
(4)
The General Manager and other officers and employees of the Commission shall be employed on terms and conditions of employment from time to time determined by the Minister.
(5)
Nothing in the State Services Act 1962 shall apply with respect to any officer or employee of the Commission.
Compare: 1953, No. 119, s. 47
54 Remuneration and administrative expenses
(1)
There shall be paid to the members of the Commission, to the members of the Tribunal, to the members of Conciliation Councils and Port Conciliation Committees, and to the members of Port Amenities Committees remuneration by way of fees, salaries, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if each of those bodies were a statutory Board within the meaning of that Act.
(2)
The General Manager and other officers and employees of the Commission shall be paid such salaries and allowances as are from time to time fixed by the Minister.
(3)
All such payments and the administrative expenses of the Commission shall be paid out of the funds of the Commission.
(4)
Subject to appropriation by Parliament, grants may from time to time be made to the Commission from the Consolidated Revenue Account for the remuneration and travelling allowances and expenses of the members of the Tribunal, the members of Port Conciliation Committees, and the members of Conciliation Councils.
Compare: 1953, No. 119, s. 48
55 Superannuation
The Commission may subsidise the National Provident Fund or any other fund or scheme established with the approval of the Minister of Finance for the purpose of providing superannuation or retiring allowances for officers and servants of the Commission.
Compare: 1953, No. 119, s. 49(4)
56 Accounts of Commission
(1)
The Commission may establish at any branch of the Bank of New Zealand, under such name as it thinks fit, such accounts as it deems necessary or convenient for the exercise of its powers under this Act, and may authorise those accounts to be operated on respectively by such person or persons as the Commission from time to time appoints for that purpose.
(2)
The Commission may arrange with the Bank of New Zealand for one of those accounts established in Wellington to be overdrawn as the Commission and the Bank may agree.
(3)
There shall be paid into one or other of the accounts aforesaid, as the Commission may from time to time direct, all money received by the Commission pursuant to this Act, and all other money received by the Commission from any other source.
(4)
The person or persons for the time being appointed by the Commission to operate upon any bank account opened as aforesaid shall, unless the Commission otherwise directs, have power to endorse for collection to the credit of that account any negotiable or transferable instrument payable to the order of the Commission.
(5)
The Commission shall keep proper accounts of its money and property, and its accounts and stores shall be audited either by the Audit Office or by an auditor to be appointed for the purpose by the Audit Office in the same manner in all respects as if the money and stores of the Commission were public money and public stores within the meaning of the Public Revenues Act 1953.
Compare: 1953, No. 119, s. 50(l)–(5); 1971, No. 28, s. 14(1)
57 Unauthorised expenditure
The Commission may, for purposes not authorised by this Act or by any other Act, in any financial year expend any sum or sums not amounting in the whole to more than $2,000.
Compare: 1953, No. 119, s. 50a; 1964, No. 133, s. 21
58 Delegation of powers
(1)
The Minister, or any other person with the authority of the Minister, may from time to time, either generally or particularly, delegate any of the powers conferred on him by this Act, including the power of delegation conferred by this section:
Provided that the Minister shall not delegate any powers except such of the powers conferred on him by section 54 of this Act as do not relate to any person whose remuneration is paid from a grant from the Consolidated Revenue Account under section 54(4) of this Act.
(2)
Subject to any general or special directions given or conditions imposed by the Minister or other person by whom any powers are delegated as aforesaid, the person to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by delegation.
(3)
Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(4)
Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder for the time being of a specified office.
(5)
The delegation by the Minister or by any other person of any powers conferred on him by or by virtue of this Act shall not prevent the exercise of those powers by the Minister or by that other person, as the case may be.
Compare: 1953, No. 119, s. 51
59 Contracts of Commission
(1)
Any contract which if made between private persons must be by deed shall, if made by the Commission, be in writing under the seal of the Commission.
(2)
Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall, if made by the Commission, be either under the seal of the Commission or signed by the Chairman of the Commission, or by the General Manager on behalf of and by direction of the Commission.
(3)
Any contract which if made between private persons may be made orally may be made in the manner specified in subsection (1) of this section as in the case of a deed, or in the manner specified in subsection (2) of this section as in the case of a contract required to be in writing, or may be made orally by or on behalf of the Commission by the Chairman or by the General Manager, or by any other officer or employee of the Commission acting by authority of the Commission, but no oral contract shall be made involving the payment by the Commission of a sum exceeding $400.
(4)
The Commission may by writing under its common seal empower any person, either generally or in respect of any specified matters, to execute instruments on its behalf in any place in or beyond New Zealand. Any instrument executed by such an attorney on behalf of the Commission shall bind the Commission, and if executed as a deed shall have the same effect as if it were under the common seal of the Commission.
(5)
Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of the Commission shall be invalid by reason only that it is not made in the manner provided by this section, if it is made pursuant to a resolution of the Commission or to give effect to a resolution of the Commission in relation to contracts generally or in relation to that particular contract.
Compare: 1953, No. 119, s. 52
60 Annual report
(1)
The Commission shall, as soon as practicable after the expiration of every financial year ending with the 30th day of September or such other date as may from time to time be directed by the Minister, furnish to the Minister a report of its proceedings and operations for that year together with a copy of its audited accounts for that year and a copy of the report of the auditor of the Commission on those accounts.
(2)
A copy of the report and accounts, together with a copy of the report of the auditor on the accounts, shall be laid before Parliament as soon as practicable after their receipt by the Minister.
Compare: 1953, No. 119, s. 53; 1958, No. 103, s. 2
61 Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Prescribing any forms required for the purposes of this Act:
(b)
Regulating the procedure of the Tribunal and the Commission and of any committees or councils established or appointed under this Act:
(c)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act or for its due administration.
Compare: 1953, No. 119, s. 54(1), (2)(a), (b)
62 Repeals
The following enactments are hereby repealed:
(a)
The Waterfront Industry Act 1953:
(b)
The Waterfront Industry Amendment Act 1958:
(c)
The Waterfront Industry Amendment Act 1964.
63 Transitional provisions and savings
(1)
All appeals made to the Tribunal or to a Port Conciliation Committee before the date of the commencement of this section and pending or in progress at that date may be continued and completed as if this Act had not been passed.
(2)
Any person or organisation entitled to institute an appeal under the Waterfront Industry Act 1953 at the date of the commencement of this section may institute that appeal within 14 days after that date by lodging with the Tribunal a notice of appeal which clearly shows the nature of the appeal. The Tribunal shall give such directions as it thinks fit with regard to the hearing of the appeal and the committee or body which is to hear it.
(3)
All references to the New Zealand Port Employers’ Association Incorporated and to the Harbours Association of New Zealand in any principal order in force at the commencement of this Act or in any order amending any such principal order and so in force shall, unless inconsistent with the context, be read as references to the New Zealand Waterside Employers’ Association Industrial Association of Employers and to the New Zealand Harbour Boards Industrial Union of Employers, respectively.
This Act is administered in the Department of Labour.
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Versions
Waterfront Industry Act 1976
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