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
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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.

Vilification of Taxi Drivers and Ethnic Groups

NSW TAXI DRIVERS ASSOCIATION
INCORPORATING BAILEE DRIVERS, OWNER DRIVERS AND LESSEE DRIVERS
Inc.no. 9882558 ABN 98 653 928 763 PO Box 322, Alexandria NSW 2015


'A Fair Share of a Fair Fare'


Vilification of Taxi Drivers and Ethnic Groups

Based on a recent ongoing court case (regarding Kowsar Ali), some sections the media outlets are making attempts to vilify Taxi Drivers and some Ethnic Groups unfairly. We oppose and condemn such unfair forms of racism. We believe in the presumption of innocence for all equally, and are against trial by media. We strongly believe that cases such as that of Kowsar Ali should be strictly dealt with by the Judiciary and other law enforcement authorities. Such cases should not be used by anyone in the media to vilify all Taxi-Drivers and ethnic groups.


We also call upon the government to remove any ambiguity in the ‘Duty of Care” provisions of the Occupational Health and Safety Acts and Regulations (regarding safety equipment), and to enforce such regulations regardless of bailor/bailee relationship. Namely, we are calling for the correct and effective functioning of all relevant safety equipment (alarm, GPS, camera, etc.) to be the sole legal responsibility of the operator. Reports by Keatsdale, Dalziel and Cook, were in full support of our ideas, which are in essence similar to the recommendations of Justice Edwards and Justice Beatie. Unfortunately, such previous good work by these authorities, was largely undone by the state Labor government through the appointment of Dave Maddan. Since then, the NSW Ministry of Transport has silenced this burning issue for the last four years by refusing to allow any Taxi-Driver participation in the Taxi-Driver Safety Task Force.




Faruque Ahmed
Media Manager
Mobile: 041 091 4118

Email: union_faruque@yahoo.com.au
Monday, September 22, 2008

Compulsory Seat Belt for Taxi Drivers

NSW TAXI DRIVERS ASSOCIATION
INCORPORATING BAILEE DRIVERS, OWNER DRIVERS AND LESSEE DRIVERS
Inc.no. 9882558 ABN 98 653 928 763 PO Box 322, Alexandria NSW 2015
'A Fair Share of a Fair Fare'

Compulsory Seat Belt for Taxi Drivers

The NSW Taxi Drivers Association condemns the idea of compulsory seat belt for taxi drivers because it considers that such a move will compromise taxi divers’ safety and will severely impact on their other industrial rights. Most importantly, our association failed to find any good reason in support of such a harsh, unjust, oppressive anti-taxi driver agenda.

Faruque Ahmed
Media Manager
Mobile: 041 091 4118

Email: union_faruque@yahoo.com.au
Monday, September 22, 2008

Expulsion of Michael Jools from the NSW Taxi Drivers Association

NSW TAXI DRIVERS ASSOCIATION
INCORPORATING BAILEE DRIVERS, OWNER DRIVERS AND LESSEE DRIVERS
Inc.no. 9882558 ABN 98 653 928 763 PO Box 322, Alexandria NSW 2015
'A Fair Share of a Fair Fare'

Expulsion of Michael Jools from the NSW Taxi Drivers Association

The above mentioned Michael Jools has been falsely claiming himself to be the President of the NSW Taxi Drivers Association for the last two years. In reality however, two years ago, this same person (Michael Jools) was expelled from our association for financial impropriety, as well as gross misconduct.

Faruque Ahmed
Media Manager
Mobile: 041 091 4118

Email: union_faruque@yahoo.com.au
Monday, September 22, 2008

Taxi fares up as LPG price keeps rising – 20th June 2008, Sydney Morning Herald

Faruque Ahmed
P O Box – 349, Alexandria – 2015
Mobile: 041 091 4118
Email: union_faruque@yahoo.com.au
Blog: Member of Parliament and Media Outlets

To
The Editor
Sydney Morning Herald

Re: Taxi fares up as LPG price keeps rising – 20th June 2008, Sydney Morning Herald



Dear Sir

“the fuel used by more than 90 per cent of taxi owners” (Taxi fares up as LPG price keeps rising – 20th June 2008, Sydeny Morning Herald) is serious distortion of the truth. In reality more than 90% non owner bailee taxi drivers pay for the fuel.

According to the law of the land, the bailor is responsible for fuel and wash.

However, at the Industrial Relations Commission the “taxi mafia” made an application to pass the responsibility of fuel and wash to the bailees without any compensation whatsoever.

During the proceedings, the TWU lawyer said to CC Connor, “we reserve the right to oppose at a later date” (was it a conspiracy?).

Further to ICAC Submission, long long ago; a “phantom strike” was called at Granville Taxi Base, Sydney, NSW of the ‘lucky country’! The TWU troubleshooter named Robert Mayell who used to work around the adjacent area quickly went over there and negotiated a settlement! The ‘Pay-in’ went down by five dollars!!

The following day, a number of taxi drivers were frog marched behind the “messiah” Robert Mayell at the Industrial Commission in front of CC Connor (NSW IRC Matter No 2383 of 1993).

No one is suggesting any conspiracy here! Poor Faruque and a few taxi drivers busted in anger and confronted the “messiah” Robert Mayell and the Transport Workers Union lawyer Adam Hatcher.

During that time those new taxi drivers of Granville asked Faruque to be quiet and follow Meyall. Faruque told them, “I do not know who you are and I have not seen you in any of TWU meetings earlier – who are you people and what is the game going on here”?

Later many of these people confessed to Faruque and others that they were not even members of the TWU, many of them were not financial members of the union and the taxi bosses encouraged them to join in the TWU!

The good CC Connor found the opportunity and then he keenly passed the responsibility of gas and wash to the bailees without any compensation whatsoever. He did so despite strenuous objections made to him by Faruque and other drivers.

The decision by CC Connor did not change the bailor/bailee remuneration principle or law, but he made a decision which was not opposed by the parties.A few weeks later the LPG price jumped from $A0.20-$A0.30/L to $A0.50-$A0.60/L.

An application was made to the Australian Competition and Consumer Commission on a different ground. After a futile exercise, the price went down for a while.

Today, who is increasing the LPG price and on what basis no one knows or cares. The net impact is the weaker party in the chain is carrying the burden while “taxi mafia” is laughing all the way to the bank. The TWU lawyer Adam Hatcher found a chamber at the higher end of the town and become a BARRISTER! The good union boss Steve Hutchins became the president of the NSW Labor Party and eventually a number one ticket SENATOR from NSW.

Taxi drivers made an appeal to the Full Bench.

After a long and costly exercise, we found out that only the TWU have the right to represent taxi drivers at the Industrial Commission! During that hearing the rights and wrongs of the actual case were not discussed.That means, in reality the court said the TWU can do whatever they like and they can ignore their own taxi driver members all together or their welfare! They are virtually not answerable to anyone. The union bosses do not have to follow justice, fairness, courtesy or common sense! Since then the union removed a few bi-laws of their own constitution i.e. they don’t have to advance the well being of their own members”. The law is same today.

Whether we drivers like it or not, even if the TWU got any taxi driver members or not they will decide the bailee taxi drivers working conditions. No matter, how sad, immoral and unlawful they are.

Faruque and others used to expose them in the media. However, the union bosses used to make attempts to trap taxi drivers and block them from the media, parliament, etc. etc. Some of the documents are very revealing.

I say, the most tragic thing of my life is that knowing and dealing with the NSW Transport Workers Union.

Thursday, December 20, 2007
Source: Independent Commission Against Corruption

With thanks

Sincerely Yours

Faruque Ahmed
Media Manger
NSW Taxi Drivers Association
Friday, June 20, 2008

Lime, Apple and GPS Taxis

Faruque Ahmed
P O Box – 349
Alexandria – 2015
Mobile: 041 091 4118
Email: union_faruque@...
Blog: Member of Parliament and Media Outlets

Mr. John Watkins
NSW Minister for Transport
Level 21, 227 Elizabeth Street
Sydney NSW 2000
Telephone: (02) 9268 2800Facsimile: (02) 9268 2900

Re: Lime, Apple and GPS Taxis

Dear Mr. Watkins,

A few famous, wealthy, well connected and powerful people appeared in the horizon earlier to revolutionise the NSW Taxi Industry. They also said that they will improve the disable taxi service! During the process poor cabbies got a few more bad publicities and eventually new found ‘messiahs’ have disappeared from the taxi industry while they left some debris behind them!

I therefore would like to request you to provide us with the following information at your earliest convenience to ensure openness, accountability and transparency in the NSW Taxi Industry.
1. How many taxi plates were issued to Lime, Apple and GPS taxis by the NSW Department of Transport and Government?
2. What were the terms and conditions of those taxis mentioned in question “1”?
3. What mechanisms are in place to ensure those taxis mentioned in “1” are adhering to prescribed terms and conditions?
4. Do you have any mechanisms available to ensure that these taxi companies/networks adhere to NSW Occupational Health and Safety Acts, provide a safe and efficient service to passengers and drivers?

With thanks
Sincerely yours



Faruque Ahmed
Thursday, 12 June 2008