The NSW TWU’s Crime against Taxi Drivers

The NSW TWU’s Crime against Taxi Drivers
Taxi Industry Services Association of NSW

volume 29, No 4, March 1984 issue editorial, "we (the T.C. and NTIA) were placed in a position of being forced to a Determination rather than altering the previous Agreement because of a handful of owners who would not observe some aspects of that Agreement". In plain English the bailors continued their lawless ways despite getting their bailor/bailee relationship between owners and NOSETDs.

2.9.1. The Path to the new Determination went like this: after 1981 the bailors had to come up with new ways of carrying on their prel980 activities within the bailor/bailee system. So the fixed pay-in system made it's first appearance. The position in negotiations was reached when the bailors refused to agree to anything unless the TWU agreed to include fixed pay-ins in the new Contract Determination, The TWU, it's delegates, it's members and all taxi drivers refused to agree. The stalemate continued for nearly 12 months! The following events occurred and I make no comment on them, nor do I infer anything by them -
(i) One of the NOSETD delegates of the TWU, who helped to prepare the TWU's case
turned up at the hearing as a witness for the bailors. Subsequently he became a
"plate holder" and was elected to the Taxi Council board.
(ii) The Secretary of the TWIT Mr. E. McBeaty died in a boating accident.
(iii) The new secretary of the TWU Mr. H. F. Quinn ordered their legal representatives to agree to the bailers terms, fixed pay-ins and to wind up the case. They did so.
(iv) The Contract Determination 1984 came into effect 22.2.84.

2.9.2. The fact that fixed pay-ins got into the CD84, contrary to:
(i) All past practices,
(ii) All past recommendations of inquiries into the taxi industry,
(iii)All members of the TWU opposing it,
(iv) All taxi drivers opposing it
(v) The Industrial Arbitration Act 1940 to 1968 giving jurisdiction to the Commission to grant pay-ins only as a percentage of meter takings.

I leave for the Commissioner to ponder over and comment on.

2,9.3 The council representing the bailors was Mr. Callaghan. But it must be brought to the review's attention that Mr. R. Kermode played such an integral part of these proceedings that the Deputy President McMahon decided to
-----------------------------------------------------------¬
NOTES:
1. Refer Annexure “B” P153. 3. Refer Annexure "B" P125.
2. ,, ,, “A” 89 4. ,, ,, I.R.A.40-68 Sec. 91K.

Taxi Driver Entitlement under the Law

Taxi Driver Entitlement under the Law

TRANSPORT WORKERS UNION OF AUSTRALIA
(NEW SOUTH WALES BRANCH)
388 -390 SUSSEX STREET SYDENY 2000
E McBEATTY –Secretary Treasurer

SYDNEY: 2124A77
NEWCASTLE SUB-BRANCH: 69 3645, 693845
SOUUTH COAST SUB- BRANCH: WOLL 291753

18th December, 1979

Mr. R, Kermode,
Secretary,
Metropolitan Taxi Council
48 Oxford Street
PADDINGTON - 2021


Dear Mr. Kermode,

Since 1974, the Taxi Section of this Union has unsuccessfully attempted, to achieve, a new Taxi Drivers (State) Award to replace the current award made on the 8th March 1972 (1851G1413).We did not file a formal claim, but sought to negotiate before taking legal action. Without attempting, to apportion blame for the lack of success, we can at least agree that the efforts on both sides to resolve our differences failed to achieve any worthwhile results.

Accordingly, the Union decided to await the foreshadowed amendments to the N.S.W. Industrial Arbitration Act to establish tribunals empowered to arbitrate on the rates and conditions for Taxi Drivers.

These historic changes become legally effective by Proclamation on the 30th November, 1979.

As a result thereof, we are now seeking to obtain (preferably by consent) a Contract Determination under section 91K and/or a section 91H Agreement to cover Taxi Drivers: To this end, and consistent with our policy of fully exploring the Conciliation process before resorting to Arbitration, we have attached here to a Claim for discussion with your organization at a series of Conferences which we seek to commence as soon as possible.

We would appreciate your advice as to a suitable date for holding the first of such negotiations.

Yours Sincerely

T. Heir
Organiser
(Note: A copy of the Claim prepared by our Delegates is attached hereto).



TRANSPORT WORKERS UNION OF AUSTRALIA
(NEW SOUTH WALES BRANCH)
388 -390 SUSSEX STREET SYDENY 2000
E McBEATTY –Secretary Treasurer

SYDNEY: 2124A77
NEWCASTLE SUB-BRANCH: 69 3645
69 3845
SOUUTH COAST SUB- BRANCH: WOLL 291753

T.W.U. CLAIM Re: TAXI DRIVERS STATE) CONTRACT DETERMINATION, (DECEMBER 1979)

1. Minimum Rate of Commission:
Drivers shall be paid a minimum rate of commission, expressed as sixty per cent 60% of the chargeable fares earned.
2. Sick Leave.
Each driver shall be entitled during the -first year of the contract to
five(5)days sick leave and-to eight (8) days paid sick leave annually during
the second and subsequent years. Such payment shall be based on the drivers "average earnings" assessed over the week preceding such absence.
The rights under this clause shall accumulate from year to year, so that any part of the leave entitlement which has no been allowed in any one year may be claimed, and paid for, in a subsequent year of continued contract.
3. Annual Leave.
(a) Drivers shall be entitled to take four (4) weeks paid annual leave for each year of contract.
For the purpose of this clause, the driver shall be paid and, treated as though he was an employee covered by. the N.S.W. Annual Holidays Act, 1944.
(b) In the case of "Night Drivers", their entitlement under this clause shall be based on an annual leave period applicable of (5) weeks per year of contract in lieu of the four (4)weeks for ordinary drivers. At the time of his entering a perk of annual leave as above provided, each driver shall receive a "Loading'--of 25% extra, based on the annual leave payment due.
4. Long Service heave.
Drivers shall receive all benefits due to employees under the N.S.W. Long Service Act, 1955.
5. Public Holidays.
Each driver shall be entitled to absent himself on all public holidays without loss of pay. He shall be paid his "average earnings (based on the preceding weeks commission) for each such days of absence.
Where a driver works on a public holiday, he shall be paid his "average earnings"
(as above defined) plus $30.00.
6. Receipts for Payment.
Drivers shall receive receipts for all payments made to Bailors (Owners)and Taxi Co-operatives.
7. Air Conditioning.
All taxis shall be suitably air-conditioned without the driver incurring any expense or payment therefor.
8. Guaranteed Earnings.
A driver commencing work on any day shall receive guaranteed minimum earnings of at least thirty dollars (30.00) for that day.