Thursday, October 15, 2009

Beyond Taxi Corruption

Beyond Taxi Corruption


Further to
Members of Parliament and media outlets, Beyond the NSW Taxi Royal Commission, An Open Letter to NSW Premier Nathan Rees and Taxi Washer to Taxi Mafia the director General of Transport and Infrastructure invited people at meetings without agenda!

The Power of the Taxi Mafia is beyond anyone’s imagination! A little taxi washer became taxi mafia and now he is the bus mafia!! It is beggar’s belief no one virtually can drive a private bus in this state without his (actually his mate’s) permission!!! He never had any interest in the bus industry. However, a few years ago the government of NSW gave one of his companies a very lucrative deal to construct buses. Most of these buses are not in a very good condition and full of problems. Yet, the mafia and his Cabcharge are making lots of money contrary to the state and public interest.



Taxi Industry Corruption


My
ICAC Submission provides a good picture of the industry. My initial submission and final submission to the AIRC contain lots of useful evidence to understand the industry. The NSW TWU's Crime against Taxi Drivers presents a picture of 1984 sell out by the NSW TWU. The Ghost and Gas – No Conspiracies adds some light on how did they pass the burden of gas and wash to bailee drivers’ shoulder illegally! The AIRC transcript is like a “scary canary” trying to expose many crimes and corruption in front of seven judges under pressure.




My Final submission to the AIRC

My
final submission is like an on tray and I have received a few positive comments from interstate people. I hope this submission may encourage some people to think constructively. However, I got very little hope for `lovely' people of ozcabs and Peer.
As agreed, the NSW TDA submission may contain all other heavy items as well as Justice West decision debacle and detailed dominant control initiated by the NSW DoT and ACCC.
My initial submission which may have opened the flood gate for taxi drivers to be considered as an employee with a 38 hour week or safer alternatives according to the case law and statute law of the land is available for study or comment if you like.
My final submission is not the final one due to poverty and lack of resources. However, I have forwarded the one below as a final submission. It appears I have to communicate with the good people of the Award Modernisation Team politely to upgrade my lousy interim submission to final submission on top of my initial submission.

Source:
Sydney Taxi Corruption



Final submission to the AIRC

Further to my previous submission I add the following for your consideration:
In regards to the Taxi industry in particular the history of the NSW Transport Workers Union, NSW Labor party and NSW Industrial Relations system are intertwined, revealing and informative. Taxi workers of this state have, in real terms have been made voiceless they have lost almost everything due to corruption, incompetence, deliberate marginalisation or outright being blocked. Various and numerous tactics and effective and efficient tools of diversion like racism and sectarianism were used to achieve those negative outcomes. As part of what has and is occurring in the taxi industry is the efforts to cover up wrongdoings, to deny any accountability, and to attack and vilify any person or group that is seen as speaking or seeking for truth for balance. Also lacking is, consideration of listening to those acting for all stakeholders including bailees and for fairness towards those other stakeholders. This whole industry and the businesses associated with it are astoundingly out of kilter.

According to many schools of thought, John Howard initiated the Fair Pay Australia to basically strip down workers rights! By comparison we taxi drivers have lost almost everything and we are at a point where the very miniscule remaining is under major threat leaving us with zero! Therefore, we are trying to argue the fact and remind all who will listen and will act on the reality, that:
NSW Taxi Drivers are defined in state Industrial Relations Law as bailees, with employee type protections and a few minimum income conditions as mentioned in
Taxi drivers of other states are not defined as employees or bailees. This limbo state is bringing lawlessness and insecurity in the taxi industry. The whole decayed system is costing the taxpayers to the tune of two billion dollars per year which goes to satisfy the lust and greed of a few private profit making companies and individuals connected with the taxi industry
Obviously, we need a second or third way to protect the Australian taxi workers and remove the unjust and inhumane influence of the entrenched powers or taxi mafia and their subordinates and cohorts in the NSW Labor Party and Transport Workers Union so as to ensure some fairness, justice and decency.
The NSW TWU's Crime against Taxi Drivers, Ghost and Gas – No Conspiracies, the letter to Mr. Mark Lennon and the letter to the Director General of the Attorney General of NSW department clearly support a case of defining and redefining taxi drivers of Australia. This includes providing them protection, like employees have and to remove the influence altogether, of the entrenched powers or taxi mafia as it is often described, in this industry.
"Rotten NSW IRC", CC Connor Must Resign" and my unanswered letter to Mr. Mark Lennon dated 27th of December 2008 clearly reveal and strongly point to the dysfunctional nature and culture that is tearing apart the NSW taxi industry. Therefore a new Federal system should be brought in to rectify the major anomalies and structural defects of this industry.
My communications as mentioned in my previous submission involving the NSW Ministry of Transport and IPART NSW clearly demonstrates the absurd nature of accounting where they refused to factor in the essential element of the labour component in and as part of the taxi meter rate (fare box). It is also significant to note that the NSW IRC also neglected and failed to consider the labour component in the Taxi Industry Award (Contract Determination).


Faruque Ahmed
Veteran Taxi Industry Activist, Mobile: 041 091 4118, Email: union_faruque@...
Saturday, July 18, 2009

Faruque Ahmed
P.O. Box – 349, Alexandria - 2015
Mobile: 041 091 4118, Email:
union_faruque@...

Mr. Mark LennonSecretaryUnions NSW
Level 3,4 - 10 Goulburn StreetSydney NSW 2000
Telephone: (02) 9881 5999Fax: (02) 9261 3505
Email: mail@...

Dear Mark

Please examine attached documents below like Taxi Driver Entitlement under the Law, The NSW TWU's Crime against Taxi Drivers and Labor Party Leaders and Lawyers Unlawful Behavior. The leadership of the NSW TWU has been compromising bailee taxi drivers' welfare and safety since 1979 and as a result the taxi drivers are voting with their feet and are forming and have formed alternative associations to put forward their concerns. The sad part is even to day, the NSW TWU is acting against us at every available opportunity. As you would be aware, the manner in which the NSW Industrial Relations Act is constructed it is extremely difficult for genuine taxi workers or workers in general to gain recognition at the Industrial Commission because the historically recognized and registered industrial organization is the NSW Transport Workers Union (TWU).

They neither wish to relinquish their power nor do they wish to represent taxi industry workers fairly and properly. The evidence for such a claim is undeniable and is provided below.

I wonder is it possible to bring some sense to the NSW TWU leadership who think the labor movement and workers under their industrial umbrella are their captives and they can "molest" them, ignore them or choose to favour one section over the other at any time, without fear of being called to account?
I like many others have had enough of them.

With thanks
Sincerely Yours

Faruque Ahmed
Saturday, December 27, 2008
Rotten NSW IRC

Taxi industry (Contract Drivers) Contract Determination 1984 – The Application for it's variation was unusually absent from the regular law list column of the Sydney Morning Herald dated Monday 6th of July 2009. Mike found out about it electronically on Sunday night (Monday morning) via the secondary means of it being listed for hearing by the NSW IRC website. After discovering this he ran to the NSW Industrial Relations Commission the following morning. Apart from the NSW Transport Workers Union and NSW Taxi Industry Association, all other key stake holders and their representatives were missing and did not put in an appearance! For some reason not completely clear to us at the present, the matter itself was adjourned that day for a new date for hearing on Friday, July 17, 2009.

However we found out on Tuesday night that the hearing was in fact to be at 11.00 am, Wednesday 15th of July 2009. Most of us then scrambled, got organized and made our way to the NSW IRC on that new and earlier date. We were told that the President of the NSW IRC had called all of the judges and commissioners to inform them that from now on, according to new and impending legislation by the Rudd led Federal government, that from very shortly onwards all of the conciliation hearings will be heard by Commissioners and arbitration hearing will be heard by Judges in the NSW IRC, and that this would occur in nearly all other states! Thus, we were then informed, the scheduled hearing set for 11.00 am that day would now be held at 2.00 pm, as all Commissioners and Judges at the NSW IRC were called away to hear from their IRC President for fuller details on this topic. This calling away by their superior took precedent over any other listed matter.

While Mike and Jools were departing from the Commission, they observed CC Connor and a few officials and lawyers from the NSW Taxi Industry Association were walking together towards a restaurant outside. A few minutes later Faruque also saw them together at that local eatery! It painted a very cosy and revealing picture to any interested observer. The Commissioner and no one else but the bailor's representatives both going together for their morning tea break.

Later just before 2.00 pm, prior to the hearing the TWU lawyers hurriedly arrived and as they did so one asked Mike, "Do you think we are going to have any fire works today from the third parties in this matter?" (He was referring to Faruque's possible appearance or intervention during the proceedings).
Mike smiled to the TWU legal advocates and a short time later spoke to Faruque about those comments. Faruque's reply was, "I will keep it quite if things go all right. However, if they or anyone apply their usual tricks against bailee drivers, then I will stand up and do whatever I think is fit and appropriate to do".

At 2.00 pm the hearing begun with Connor's usual verbal tricks. The TIA lawyers went on to ask for all the money in lifting the Pay In for their bailor client. The TWU lawyer opposed the TIA lawyer by using valid and well presented points in his response. This was possibly a first for the TWU. Connor went on to elbow him out! Michael Jools who lodged a submission to the Commission a week earlier, he then stood up to attempt to intervene and be heard on behalf of bailee drivers. Within 30 seconds Connor `knocked him down' verbally, all with an undeniable urgency and desire to hand over the meter increase money across to the taxi bosses, by lifting the Pay Ins.

Faruque then stood up to intervene and to be heard and asked CC Connor to step aside and not to hear the matter. He did so politely and with due courtesy. As part of his sparkling presentation he handed over his document titled
CC Connor Must Resign (shown below) to all parties including Connor. Connor accepted the document labeling it as Exhibit 3. No other parties raised objections about the contents of CC Connor Must Resign letter at that time.

CC Connor and Faruque then had a few interesting exchanges like, "Mr. Ahmed you should have spoken earlier, it is too late now, …. I am already hearing the matter and I can't stop it now, …. ". During these exchanges we found out many inaccuracies, selective memory losses and cruel jokes coming from Connor. Regardless of what was said to him, he handed over the money from the taxi meter to the taxi bosses (bailors) without considering bailees (workers) income at all. It was another sad moment for all the taxi workers of this state.

Mike and Faruque


CC Connor Must Resign

Submission to CC Connor Re: IRC9/907 - Taxi industry (Contract Drivers) Contract Determination 1984 – Application for a variation of a CD on Wednesday, July 15, 2009.

Dear CC Connor,
With due respect I would like to request you to step aside from hearing the matter mentioned above due to the following reasons that I will now briefly outline. So with your kind permission I will continue:
1. In NSW IRC Matter No 2383 of 1993 the bailors made a harsh, unjust, oppressive, immoral, wrongful and illegal application to pass the costs of fuel and wash to bailee drivers. The NSW Transport Workers Union leadership knew that they can not agree with such a harsh, unjust, oppressive, immoral, wrongful, illegal and unprecedented proposal from and in favour of the bailors. The TWU lawyer said, "we reserve the right to oppose at a later date" and they allowed to shift a huge financial burden to bailee drivers with your direct assistance.
2. In the Anthony Denton vs Lewis Lim case you deliberately dismissed the case in favour of the bailor who decided not to appear in front of you to face the music. You said in brief, (and I paraphrase) "if I make a decision with the bailor being absent, it will not assist the bailee; therefore I dismiss the matter"! In other words, you have rewarded the bailor and short changed the bailee driver against his direct wishes and interest! The bailee concerned was there present in the court and you had ample opportunity to consult with him and to do so for the sake of justice, fairness and objectivity, but you failed to do that.
3. In addition, on another point, the taxi cab including the vehicle, two-way radio, gps, camera and all other equipments belong to and are the responsibility of bailors and not the responsibility of any bailees! Yet, despite repeated requests you have passed the responsibility of the E Tag to bailees drivers! During that decision you said, (and I paraphrase) "absence of an E Tag shouldn't disadvantage bailee drivers". Now, the Sydney Harbor Bridge and many other toll ways have removed their cash payment system and this is disadvantaging bailee drivers all the time and this disadvantage extends back even at the time you made your original decision on this issue. Clearly, you did not conduct any so called disadvantage test prior to making your habitual anti-bailee deliberation on that occasion too.
4. Similarly, in another matter you said that you will deliver superannuation for bailee drivers identical to the courier drivers' award that you had delivered earlier. Alas! Here too, you failed to deliver on your promise and in accordance with your responsibilities!!
Most importantly, you have witnessed the huge rumblings of the rank and file bailee drivers, who are legitimate stakeholders in these matters, and their well presented objections in many other taxi related matters. You personally have adopted a manner, attitude and technique to block out valid stakeholders, the bailee drivers and their elected representatives.
Therefore as I believe you are not a fit and proper person due to your blatant prejudice against bailee taxi drivers and you have an undeniable bias towards bailors and their representatives, that have appeared in a number of matters listed before you in the past and present. I am repeating my original request that you step down to hear this matter mentioned above for the sake of fairness and justice.
Faruque Ahmed
Veteran Taxi Industry Activist, Mobile: 041 091 4118, Email: union_faruque@...


Faruque Ahmed
P.O. Box – 349, Alexandria - 2015
Mobile: 041 091 4118, Email:
union_faruque@...

Director General
Attorney General's Department of NSWParramatta Justice Precinct
160 Marsden St Parramatta NSW 2124
DX 1227Sydney NSW 2001
Phone: 02 8688 7777 or 1800 684 449Fax: 02 8688 7980
Website: www.lawlink.nsw.gov.au

Subject: Labor Party Leaders and Lawyers Unlawful Behavior

Dear Sir/Madam

According to the Taxi Industry (Contract Drivers) Contract Determination, the bailor is solely responsible for fuel and wash costs for the taxi. However the Taxi Industry Association (NSW TIA) made an application at the NSW IRC in NSW IRC Matter No 2383 of 1993 to pass the responsibility for fuel and wash costs to bailee drivers.

The NSW Transport Workers Union who is supposed to represent the taxi drivers said during the proceedings via their lawyer, Adam Hatcher, "we reserve the right to oppose at a later date" and the TWU allowed to have passed a change to the Determination by transferring the cost of fuel and wash to those bailee drivers, contrary to Case and Statute Law.
The good CC Connor who heard the matter mentioned above found the opportunity and then he keenly passed the responsibility of gas and wash to the bailee taxi drivers without any compensation whatsoever to them. He did so despite strenuous objections made to him by myself and other drivers.
The net impact is the weaker party in the chain is carrying the burden while taxi bosses and non active plate investors etc. are laughing all the way to the bank contrary to the public and workers interest. Not long after, the TWU lawyer Adam Hatcher found a chamber at the higher end of the town and became a Barrister! The then NSW TWU boss (Secretary) Steve Hutchins became the president of the NSW Labor Party and eventually a Senator after gaining the number one or first selection on the Senate ballot paper.
For your kind information I am appending some interesting discussions amongst taxi industry activists below.
I therefore would like to request you to open an investigation on why at the time and even to this day:
1. NSW TWU leaders and their then lawyer ignored bailee taxi drivers requests?
2. NSW TWU leaders and their then lawyer compromised bailee taxi drivers welfare and interest?
3. NSW TWU leaders and their then lawyer conspired to wrongfully manipulate the Granville Strike mentioned above?
4. NSW TWU leaders and their then lawyer frog marched mock members (from the Granville strike and many of whom confessed the illegalities and wrongful actions to me later) to the NSW IRC mentioned above to misrepresent bailee drivers in general?
5. NSW TWU leaders and their then lawyer never made any application to oppose the unlawful arrangement of the payment for fuel and wash as they promised to CC Connor in NSW IRC Matter No 2383 of 1993?
6. Did the NSW TWU leaders and lawyer obtain any benefit out of such a compromise?
7. Why did CC Connor allow this ugly and blatant deal to go ahead without any examination?
8. Did CC Connor gain any benefit for his action and inaction in taxi matters in front of him?
9. Why did CC Connor refuse to accept a labor component in his decision?

With thanks

Sincerely Yours

Faruque Ahmed

Ghost and Gas – No Conspiracies

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.
Further to ICAC Submission, long long ago; a "phantom strike" was called at Granville Taxi Base, Sydney, NSW of the `lucky country'! The TWU trouble shooter 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 Mayell. 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!
During the proceedings, the TWU lawyer said to CC Connor, "we reserve the right to oppose at a later date".
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
Ted Hirsch wrote:
From memory, about 4-5 weeks ago gas rose to a minimum 55/ litre and up to 70/litre.After cabbies got used to the shock, then a week or two ago it rose to minimum 65/litre and up to 75/litre.Did you say price gouging, Brian? Tut, tut. But Yes, getting our Media Manager onto it sounds worthwhile!
On Wed 19 Dec07 in the SMH, Gordon Samuels announced that the ACCC inquiry had NOT found any evidence of petrol price collusion. And Coles and Woolies dockets were cleared from accusations of higher shelf prices. Independent servos disappearing was is part of a long term trend, although they are hotly contesting this finding (self interest obviously). It is proposed to introduce a daily petrol price information scheme, popular in WA and which has reduced volatile price changes to once per day. By 4pm the next day's price is shown on the computer. No mention of gas prices or gouging by the ACCC, of course. Our in house historian Mr. Ahmed, tells of an IRC "temporary decision" some years ago which, thanks to the TWU made drivers pay for fuel, whereas previously Bailors paid (or bailors/ bailees split the costs?).

Faruque reckons taking this to the IRC for review is too difficult and costly. He reckons Parliament, somehow. Any specific advice, Faruque? Ernie suggest IPART gives us a handout for fuel price increases. That's the easiest approach, no doubt, albeit in June/July from memory and a massive amount of work if we do the full Monty! (Should IPART be added to our Calendar?) (BTW, why are radio jobs so poorly returned, Ernie?
Cheers to all.
Ted
Ernie Mollenhauer wrote:
As bus fares have just been increased, their explanation being increased costs, I reckon there are more than reasonable grounds to pester IPART for an increase in taxi fares. The other string in the bow would be the currently poor responses to radio booking which are now even less attractive than before. Is there support for a claim, (seeking to leave the meters alone) for an increase in the radio booking fee to say $3 so they can knock us back to $2?
ErnieOn 19/12/2007, Brian Ridge < brianfridge@...> wrote:
To the committee, Last night while filling my cab with gas at the Legion base at 65.9 cents per litre another driver told me he had narrowly avoided paying 74.9 at Crows Nest, and he estimated that it was costing him about $100 a week extra. My recollection is that when the fare rates were increased back about July the cost of gas rose from about 48 to 52 cents per litre. If my memory is correct that equates to about a 40% rise in less than 6 months. The term "price gouging" springs to mind. I am wondering whether the NSWTDA could do a bit of probing and perhaps create a bit of noise so that these prices are justified.
BrianPosted by Austro_Bangla at 3:25 AM


The failure of the NSW Industrial Relations System

Apart from the
Battle of Plassey, Clive of India, Jallianwala Bagh massacre and Oliver Twist the English society advanced towards a proletariat and a humane direction. Some of the good English laws and practices found their Way to the Rum Colony. For reasons not known to me, many of those English values and practices developed further in NSW because of:
1. Justice Beattie Report.2. Justice Edwards Report.
3. Sir Asher Jole's Motivational Survey.4. Driving Forces (Minister for Industrial Relations and the Attorney General).5. Driving Forward, (Minister for Industrial Relations and the Attorney General).6. Keatsdale Report (The DoT and NSW WorkCover Authority).7. Dalziel Reports (Sydney University, Dept of Psychology).8. Alan Cook reports and
9. Roy Morgan Report re ATIS conducted by Ms. Ann Matheson.
Although the Dave Madden Report is a sad one! Nonetheless, while most expensive and undemocratic, the Madden Report sounds good while it lacks any direction or moral whatsoever.
As a result, despite many well oiled and fine tuned relentless back stabbings of the NSW Transport Workers Union leadership under the protection of the NSW Labor Party, the NSW taxi drivers are more protected by the law than in any other state of Australia. Although as mentioned in the document below, I was elected in many positions within the taxi industry including the NSW TWU Taxi Drivers Section, but lost all hope in the NSW TWU. Similarly most taxi drivers voted with their feet and are not members of the NSW TWU. Yet, the NSW TWU spends other transport workers money to destroy taxi drivers' rights because only the NSW TWU is recognized in the NSW IRC!
The sound of corruption and absurdity of the current NSW Industrial Relation system could be traced by separately attached correspondence between my-self and relevant authorities. Despite repeated requests these authorities failed to factor in the labor component in their calculations. that a flawed accounting system and ruthless oppression against the NSW taxi drivers warrants a federal award outside the influence of the NSW Labor Party and very influential Taxi Mafia who have captured and capitulated many instrumentalities as identified by a few authorities here in NSW.
It is statistically true, everybody knows it and the taxi mafia have admitted under oath, in front of the NSW Industrial Relation Commission that they have been:
Making false submission in the courts and commissions,
Denying workers' lawful entitlements and
Double dipping the taxman for the unpaid workers' entitlement.
So the question is what do we do to improve the situation and how?
How can we enforce the duty of Care provision of the Occupational Health and Safety legislation without any ambiguity?
How can we ensure the labor component in the taxi meter rate?
How can we ensure the proper taxi drivers voice in the Industrial relations system and Taxi Advisory Council?
How can we rise above the party politics and ensure democracy, fairness and justice?
How can we ensure holiday pay, sick pay, long service leave, 38 hours per week and superannuation for bailee/employee taxi drivers?

I say this despite the Honorable John Howard's guard dogs, chain and balaclava wearing thugs; the notion of minimum wages and fair go developed in Australia and Justice Higgins and Harvester decision are revered around the world.


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 69 3845,
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.

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 TWIT 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.

1 Comments:

At January 13, 2010 at 2:26 AM , Blogger davidbaer said...

Anyone experience anything about the easy google profit kit? I discovered a lot of advertisements around it. I also found a site that is supposedly a review of the program, but the whole thing seems kind of sketchy to me. However, the cost is low so I’m going to go ahead and try it out, unless any of you have experience with this system first hand?


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