(Decasualisation).

A

BILL

ΤΟ

Provide for the Decasualisation of Dock and A.D. 1924. Waterside Labour.

B

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: :

10

1.-(1) As from the passing of this Act there shall National be created a National Joint Industrial Council for Port Joint Labour (hereinafter referred to as the "National Joint Council for Council").

port labour to

(2) The National Joint Council shall consist of be conequal numbers of representatives of port employers and stituted by employees, and may settle its constitution and rules of or in procedure :

Provided that, subject to the provisions of this 15 Act, the existing National Joint Industrial Council for Port Labour, which was formed for the purpose of giving effect to the award and recommendations of the Court of Inquiry held in 1920, under the provisions of the Industrial Courts Act, 1919, and presided over by 20 Lord Shaw, shall be deemed to be the National Joint Council created hereunder.

(3) The functions of the National Joint Council, in addition to those prescribed by its constitution, shall include the consideration and co-ordination of port 25 registration and insurance schemes prepared by the Minister of Labour (hereinafter referred to as "The Minister") or by port joint committees as hereinafter

agreement

default by

the Minister

of Labour.

(Decasualisation).

A.D. 1924. provided, and power to refer any matters relating to a port or a group of ports to the port joint committee or committees thereof.

Port joint

(4) If at any time after the passing of this Act the National Joint Council ceases to exist or to carry out 5 the prescribed functions as aforesaid, the Minister shall by Order appoint a National Joint Council, consisting of equal numbers of port employees and employers, and shall settle the constitution and rules of procedure thereof:

")

10

Provided that if, in the opinion of the Minister, the National Joint Council is not at any time properly representative of all the ports mentioned in the Schedule to this Act (hereinafter referred to as "Scheduled ports or of any classes of employers or employees therein, the 15 Minister may by order direct that alterations shall be made in the constitution or the representation of the Council as he may deem necessary.

2. (1) As from the passing of this Act there shall committees be created a port joint committee for each of the 20 scheduled ports, or for a group of the scheduled ports.

to be constituted by agreement

or in default by the Minister of

Labour.

(2) Each port joint committee shall consist of equal numbers of representatives of the employers and employees at the port or group of ports, as the case may be, and may settle its own constitution and rules of 25 procedure, subject, however, to the approval of the National Joint Council:

Provided that, if the National Joint Council so approve, the port joint committee for any port or group of ports existing at the passing of this Act, shall 30 be deemed to be the port joint committee created hereunder Provided also, that if the National Joint Council so direct a port joint committee shall be formed for a group of scheduled ports instead of for each port comprising such group.

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(3) The functions of a port joint committee, in addition to those prescribed by its constitution, shall include the preparation and administration of port registration and insurance schemes, and the consideration of other matters which may be referred to the committee 40 by the National Joint Council.

(4) If within one month after the passing of this Act a port joint committee for any scheduled port or

(Decasualisation).

group of ports is not constituted as aforesaid, or, having A.D. 1924. been constituted, ceases at any time after the passing of this Act to exist or to carry out the prescribed functions as aforesaid, the Minister shall by order appoint 5 a port joint committee for that port or group consisting of equal numbers of employers and employees as aforesaid and shall settle the constitution and rules of procedure thereof: Provided that before making an order the Minister shall consider any recommendations which 10 the National Joint Council may make.

insurance

3.--(1) The Minister shall, subject to the provisions Port of this Act, on the recommendation of the National registraJoint Council, declare any scheduled port to be a registra- tion and tion port, and he shall make a port registration and insur- scheme to 15 ance scheme relating to that port. Every such scheme be made. whether made by order giving effect to a scheme made by the Minister or to an agreed scheme shall come into force within nine months from the passing of this Act: Provided that at any subsequent date an additional port 20 may be scheduled as a registration port, and thereupon a scheme shall be made in accordance with the provisions of this Act so as to apply to such port within three months from the date upon which it was so scheduled.

(2) Every scheme so made shall be deemed to be a 25 special scheme in accordance with the provisions of the Unemployment Insurance Acts, 1920-1923, and the provisions of those Acts shall be incorporated in the order relating to the scheme, except in so far as they are inconsistent with the provisions of this Act.

30

35

40

(3) A port registration and insurance scheme under this Act

(a) shall provide that at a registration port no man
(other than men or classes of men who may be
excepted by the scheme) shall be employed
in port labour as therein defined unless he be
entered on a register to be kept by the port
joint committee, and that every such register
shall be approved by the National Joint Council.
(b) shall provide that at a registration port if no
register is kept as aforesaid the Minister shall
invite and consider the representations of the
National Joint Council and after such conside-
ration may cause a register to be prepared by

A.D. 1924.

(Decasualisation).

persons appointed by him for that purpose, and
that every such register shall be approved by
the Minister, and that until he has so approved
of such register the port registration and insu-
rance scheme shall not apply with respect to 5
that port.

(c) shall provide that on the expiration of a month
from the date when a port registration and in-
surance scheme comes into force as aforesaid,
every man entered on a register as aforesaid 10
(hereinafter referred to as "a registered man")
who shall have complied with rules made by the
Minister as hereinafter provided and have shown
himself to be ready and available for work
whenever reasonably required throughout a 15
calendar week in accordance with the said rules,
shall be entitled to receive out of the port in-
surance fund hereafter mentioned, with respect
to each such calendar week, the amount of the
difference between a sum equal to the pay for 20
five days of eight regular working hours each at
the minimum general time rate prevailing in
the port (hereinafter referred to as a guaran-
teed wage") and the sum of his actual earnings
whether at time, overtime or piece rates, 25
during such calendar week, if his said actual
earnings be less than the guaranteed wage;
(d) shall provide that the Minister may on the re-
commendation of the National Joint Council
vary the number of days pay upon which the 30
guaranteed wage is based or limit it to such
a maximum as on such recommendation he
may prescribe;

(e) shall provide for the establishment of a port
insurance fund in respect of each registration 35
port or group of ports as may be recommended
by the National Joint Council, which funds
shall be maintained by contributions from
every registered man and from monies provided
by Parliament at rates not exceeding the respective 40
corresponding rates of contribution for the time
being under the Unemployment Insurance Acts,
1920 to 1923, and by contributions from the
port employers at such rates and in such manner
as the scheme may provide;

45

5

10

15

20

25

(Decasualisation).

(f) shall provide that a national insurance fund for A.D. 1924.
port labour may be established and maintained
by such contributions from the port insurance
funds, as may be approved by the Minister on
the recommendation of the National Joint
Council, and that such national fund may be
used for such purposes and in such manner as
may be prescribed by the rules made in accord-
ance with the provisions hereinafter contained;
(g) shall provide for enabling the Minister if he thinks
it expedient to make from time to time such ad-
vances out of moneys provided by Parliament
to a port insurance fund or funds as he may deem
to be reasonably necessary;

(h) shall provide that the provisions of section
nineteen of the Unemployment Insurance Act,
1920, shall apply to the scheme, subject to such
variations as the scheme may provide;

(i) may make such incidental and supplemental
provisions as appear necessary or expedient in
order to give full effect to the provisions of the
scheme and the purposes of this Act and to
ensure compliance with rules made by the
Minister under this Act:

Provided that, if it appears to the Minister that for the purposes of this Act a satisfactory agreed scheme should apply with respect to any scheduled port or group of ports, he may, instead of making a scheme by order as aforesaid, approve on the recommendation of 30 the National Joint Council and make by order any agreed scheme submitted to him not later than six months from the date when the port or ports became a registered port or ports by a port joint committee, a joint committee for a group of ports or the National Joint Council which 35 shall provide for the payment of a guaranteed wage to men employed in port labour at the port or group of ports on a basis and subject to conditions which in the opinion of the Minister are not less favourable on the whole than the provisions contained or to be contained 40 in a port registration and insurance scheme.

4.-(1) The Minister may, on the recommendation As to the of the National Joint Council, authorise the temporary temporary registration at any registration port, for such periods employment

of men.