Note 1: This document is made available here as a convenience only and has no legal status. If required for any official purpose, the original of this document should be acquired from its official source within the Government of New South Wales. It may also be obtained online from Austlii, the major Australian law database at:
http://www.austlii.edu.au/do/form.pl
This is Austlii's database search engine, search on:
"taxi industry (contract drivers) contract determination" and scroll down the results to "New South Wales".
Note 2: For our North American readers, wherever "bailee" and "bailor" appear, read "lessee" and "lessor"
1984
Schedule of Consolidated Determination Published 2.8.91 and
Subsequent Variations Incorporated
Clause Award Date of Date of taking Industrial
Variation publication effect Gazette
Serial No. Vol. Page
Reprint B0235 2.8.91 first pay 264 467
period on or
after 12.3.84
1; 3; 5; 10; B4755 13.12.96 First pay 295 1420
29; Table 1 period on or
of Part B. after 24.4.96
Arrangement; B5527 29.8.97 On and from 300 1016
30; Items 4.9.96
4,5&6 of
Table 2
30(30.4); B5528 29.8.97 On and from 300 1018
Table 1 and 23.12.96
Items 1,2&3
of Table 2
of Part B.
Arrangement
Clause No. Subject Matter
1. Minimum Conditions to be Observed
2. Definitions
3. Method of Payment
4. Meter, Log and Daily Workcard
5. Payment for Fuel
6. Second Year Bailees
7. Inspection of Taxi Cab and Log
8. Written Permission to Drive
9. Transportation of Passengers and Luggage
10. Right to Terminate Bailment
11. Observance of Acts, etc.
12. Prohibition of Alcohol and Drugs
13. Notification of Accidents
14. Operation Outside Licensed Are
15. Department of Motor Transport Inspection
16. Failure to Report for Duty
17. Safety Regulations
18. Provision of Uniforms
19. Annual Leave
20. Sick Leave
21. Deductions and Bonds
22. Long Service Leave
23. Payment for Down Time
24. Preference
25. Drivers' Delegate
26. Notice Board
27. Right of Entry
28. General
29. Leave Reserved
30. Payment to Safety Reform Package
31. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
1. Minimum Conditions to be Observed
The bailor shall bail and the bailee shall take on bailment such duly
registered and licensed taxi cab and/or cabs as during the term of this
determination the bailor may make available from time to time to the bailee,
together with the equipment belonging thereto, on the terms and conditions
hereinafter appearing.
2. Definitions
(a) Casual Bailee - A casual Bailee means a bailee who is not a permanent
bailee.
Notation: A casual bailee is not entitled to any sick, annual or other
leave.
(b) Permanent Bailee - A permanent bailee is a bailee who regularly takes a
taxi cab on bailment, from the one bailor, for five shifts per week, or
a bailee who regularly takes a taxi cab on bailment, from the orle
bailor, for night shifts at a rate of night shifts per week which would
achieve 220 night shifts per year. For the purposes of this definition
absences occasioned by illness, annual leave, public holidays or other
authorised leave shall be counted as shifts in determining whether a
bailee is permanent.
(c) First Year Permanent Bailee - A first year permanent bailee is a
permanent bailee who is not a second year permanent bailee.
(d) Second Year Permanent Bailee - A second year permanent bailee is a
permanent bailee who has completed 12 months in the industry as a
permanent bailee from one or more bailors.
(e) Chargeable Fares - Chargeable fares means all revenue earned by reason
of the bailee's use of a cab in a shih including (without limiting the
generality thereof) fares for multiple hirings, non-passenger hirings,
radio hirings and contract hirings and baggage fees but excluding any
gratuities.
(f) Shift - Shift means the usage of a taxi cab by a bailee for a period as
agreed between the bailor and the bailee of at least 9 hours.
(g) Day Shift - Day Shift means a shift of at least 9 hours but not
exceeding 12 hours at least 75 per cent of which hours are between 3
a.m. and 3 p.m.
(h) Night Shift - Night shift means a shift of at least 9 hours but not
exceeding 12 hours at least 5 per cent of which hours are between 3 p.m.
and 3 a.m.
(i) Bailee's Percentage - The bailee's percentage in the case of a first
year permanent bailee shall be 45 per cent. The bailee's percentage in
the case of a casual bailee and in the case of a second year permanent
bailee shall be 50 per cent. Notation: The casual bailee's percentage
includes compensation to him for not having sick, annual or other leave.
(j) Excess Fee - Excess Fee means the amount calculated by multiplying the
amount set out in Item 1, Table 2 of Part B of this determination (or
such other amount as may be applicable from time to time) in accordance
with the escalation provision in the schedule to subclause (b) of clause
3, Method of Payment, any excess of the number of kilometres travelled
by the cab in the shift over the number of kilometres specified for the
subject shift in the Schedule to the said subclause (b). Notation: No
averaging of kilometres will be permitted.
3. Method of Payment
(a) (i) A bailee shall elect whether he/she will operate under method 1 or
method 2 as set out in subclause (b) of this clause. The bailee
shall also (without affecting the validity of the election) sign
and leave with the bailor a record of that election.
(ii) If a bailee fails to elect a pay-in method as required by paragraph
(i) of this subclause, the bailee shall be deemed to operate under
method 2.
(b) (i) Method 1 - If the bailee operates under method 1 the bailee shall
make a pay-in to the bailor of an amount equal to the chargeable
fares less the amount of the bailee's percentage of the chargeable
fares. The bailee's percentage is as set out in (1) of Table 1 -
Wages, of Part B, Monetary Rates.
(ii) Method 2 - A bailee operating under method 2 shall make a pay-in to
the bailor of such amount as may be agreed between the bailor and
the bailee from time to time, but in any case not more than the
maximum pay-in amount for the shift as set out in (2) of the said
Table 1. Under this method the bailee shall be responsible for the
fuel used by the taxi cab and for any wash at the end of the shift.
(c) A bailee who operates under method 1 of the determination as it was
prior to the commencement of this variation shall be deemed to operate
under method 1 from the commencement of this variation.
(d) A bailee who operates under method 2 of the determination as it was
prior to the date of this variation shall be deemed to operate under
method 2 from the commencement of the operation of this variation.
(e) The bailee shall forthwith, at the conclusion of each shift, pay to the
operator the pay-in.
(f) The bailee shall pay any excess fee at the time of the payment of the
pay-in.
(g) The monetary amounts in Part B, Monetary Rates, may be varied upon
application by the New South Wales Taxi Industry Association or by the
Transport Workers' Union of Australia, New South Wales Branch.
4. Meter, Log and Daily Workcard
(a) The bailee shall not carry any person or any goods in the cab without
setting and maintaining the meter in motion and the bailee shall not
interfere with the operation of the meter in any way.
(b) A bailee who elects to operate under method I specified in clause 3,
Method of Payment, of this determination shall at all times if required
by the bailor so to do, keep and maintain accurately, in duplicate, a
log recording sequentially the pick-up and drop points and chargeable
fares for each trip made in the taxi cab during the shift and shall give
the original of the log to the bailor forthwith at the conclusion of
each shift. The information so recorded shall be in addition to that in
the daily workcard to be completed by the bailee for the purpose of the
Transport (Public Vehicles) Regulations, 1930.
(c) If, forthwith, after the conclusion of the shift the bailee requests the
bailor and supplies the bailor or his authorised agent with a duplicate
of the Daily Workcard completed in respect of the shift by the bailee
for the purposes of the Transport (Public Vehicles) Regulations, 1939,
the bailor or his authorised agent shall as soon as practicable sign the
duplicate and return it to the bailee.
5. Payment for Fuel
The bailor shall pay for all oil, maintenance, registration and licence fees
in respect of the operation of the taxi cab. The bailor shall pay for the
fuel in respect of any bailee operating under method 1 as set out in
paragraph (i) of subclause (b) of clause 3, Method of Payment. In this
respect the bailor reserves the right to nominate the points for the purchase
of fuel, oil and other such commodities. The bailee under the said method 1
shall hand to the bailor forthwith, at the conclusion of each shift, receipts
for the purchase of such items and shall thereby vouch for their validity.
6. Second Year Bailees
If a driver seeking to enter into a contract of bailment with a bailor
(hereinafter called the new bailor) claims to have had experience driving
taxi cabs taken by him on bailment, as a permanent bailee, from another
bailor or other bailors, the driver shall, if requested by the new bailor,
authorise the other bailor or bailors to disclose full information concerning
him to the new bailor; and if such information fails to establish to the
reasonable satisfaction of the new bailor that it is appropriate to recognise
the driver as a second year bailee, the new bailor shall not be obliged to
recognise the driver as a second year bailee in the event that the new
bailor, at his discretion chooses to enter into a contract of bailment with
such driver.
7. Inspection of Taxi Cab and Log
The bailee shall permit the bailor, by the bailor's officers, employees or
agents at all times during the continuance of the bailment contract to
inspect the log, and to inspect and to have access to the taxi cab, and
inspect and/or test the condition thereof, and the bailor shall at all times
have the right to require the bailee, personally, to return the taxi cab to
his garage or depot for inspection or testing as aforesaid, or for the repair
or maintenance thereof, or for any other reason whatsoever that the bailor
may deem fit.
8. Written Permission to Drive
The bailee shall not permit or suffer any other person to drive the said cab
under any circumstances without the written permission of the bailor or his
agent first had and obtained.
9. Transportation of Passengers and Luggage
Subject always to the provisions of this agreement, the bailee must use taxi
cab for the transportation of fare-paying passengers and luggage only, in
accordance with any acts, regulations or by-laws relating to taxi cabs.
10. Right to Terminate Bailment
The bailor or the bailee shall have the right at any time to terminate the
bailment contract without notice or giving any reason in the case of a casual
bailee. A bailor will not terminate the bailment of a permanent bailee who
has driven for the same bailor for more than three calendar months without
giving one week's notice or one week's payment at the rate prescribed in Item
3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in lieu
of notice, except in the case of a substantial breach by the bailee of this
determination or serious and wilful misconduct, in which event the bailment
can be terminated at will.
11. Observance of Acts, etc.
The bailee shall at all times during the bailment -
(a) Comply with all Acts, regulations, by-laws, ordinances and all
legislative provisions for the time being in force in regard to motor
vehicles, motor traffic and taxi cabs;
(b) Exercise proper care for and control of the taxi cab; and
(c) Comply with all rules and by-laws of any co-operative in association
with which the taxi cab is operated or any company or other group
associated with the co-operative;
(d) At the conclusion of each shih or the earlier termination of the
bailment, the bailee shall return the taxi cab to the garage or depot
then being used by the bailor.
12. Prohibition of Alcohol and Drugs
The bailee shall not partake of any intoxicating liquors or drugs or be under
the influence of he same whilst in charge of the taxi cab.
13. Notification of Accidents
The bailee shall forthwith notify the bailor of any accident or happening of
any loss or damage of or relating to the taxi cab and its equipment, and
shall without delay give full information to the bailor as may be then, or
thereafter, available as to the circumstances of such accident, loss or
damage, and of all claims which may be made and/or threatened and where
possible, the names and addresses of witnesses. The bailee shall not, except
a his own risk and expense, negotiate, pay, settle, admit or repudiate any
claim made by any person arising out such accident, loss or damage and the
bailee shall do all things reasonably necessary to assist the bailor in the
prosecution, by the bailor, of any proceedings to enforce the bailor's rights
to recover compensation for such accident, loss or damage. Any reasonable
cost to the bailee involved in such actions shall be paid by the bailor.
14. Operation Outside Licensed Area
The bailee may not take any taxi cab outside the area for which it is
licensed to operate unless permission is obtained from the bailor, his agent
(or the Radio Room supervisor) and if he does, the bailor may, without
restricting the generality of clause 10, Right to Terminate Bailment, of this
Determination cancel the contract of bailment forthwith and the bailee shall
be deemed to have used the vehicle illegally.
15. Department of Motor Transport Inspection
Where, by agreement with the bailor, the bailee undertakes to clean, prepare
or drive and present the taxi cab to the Department of Motor Transport for
quarterly or other inspections required by that Department, the bailor shall
forthwith pay to the driver, as recompense for all times so spent by the
bailee, in accordance with clause 23, Payment for Down Time, of this
determination.
16. Failure to Report for Duty
If a bailee fails to attend to take a taxi cab on bailment at a time and
place previously rostered or agreed to, and fails to report to the bailor at
least 2 hours prior to such time his inability to attend, the bailor shall
not, after the expiration of 30 minutes from the agreed commencement time of
the rostered shift, be under any obligation to keep a taxi cab available for
the bailee for that rostered shift. If the bailee fails, within a further 24
hours, to notify the bailor of satisfactory reasons for his failure to attend
at the rostered time, the bailor may terminate the bailment contract
forthwith and without notice, but without in any way restricting the
generality of clause 10, Right to Terminate Bailment, of this determination.
17. Safety Regulations
The bailor shall comply with all government regulations in relation to safety
measures. No bailee shall be obliged to accept a taxi cab which does not
comply with all relevant government regulations in relation to safety
measures.
18. Provisions of Uniforms
Where the bailor requires the bailee to wear a distinctive dress or uniform,
it shall be provided and laundered free of cost to the bailee. At all times
the bailee shall present him/herself for work in dress to comply with
Department of Motor Transport regulations.
19. Annual Leave
(a) Method I -
(i) A permanent bailee who has taken taxi cabs on bailment as a
permanent bailee from the one bailor for a period of 12 months
under method I during which time he has completed a minimum of 230
shifts or 220 night shifts shall be entitled to 5 weeks' annual
leave, exclusive of any public holidays occurring during that
period. Payment in total for such annual leave shall be equal to
5/47 of the bailee's total entitlement from the chargeable fares
during those twelve months.
(ii) A permanent bailee who has taken the cabs on bailment, as a
permanent bailee, from the one bailor, for a period of at least 3
months but less than 12 months, under methods I, shall, on the
termination of his contract of bailment with that bailor, be
entitled to be paid an amount for holiday pay equal to 4/48 of the
bailee's total entitlement from the chargeable fares retained by
him during the period for which leave is taken.
(b) Method II -
(i) A permanent bailee who has taken taxi cabs on bailment, as a
permanent bailee, from the one bailor for a period of 12 months
under method II, during which time he has driven a minimum of 230
shifts or 220 night shifts, shall be entitled to 5 weeks' annual
leave, exclusive of any public holidays occurring during that
period, at the rate set out in Item 2 of Table 2.
(ii) A permanent bailee who has taken taxi cabs on bailment, as a
permanent bailee, from the one bailor for a period of at least 3
months but less than 12 months, under method II, shall, on the
termination of his contract of bailment with the bailor, be
entitled to be paid an amount for holiday pay at the rate set out
in Item 3 of Table 2.
20. Sick Leave
Permanent bailees shall be entitled to five days' sick leave during the first
year of bailment, subject to credits of such leave not being available until
the completion of 55 shifts in a three months period, and that subsequent
credits be made available on a pro rata basis. During the second and
subsequent years, a permanent bailee shall be entitled to eight days' sick
leave. The rights and entitlements to sick leave under this clause shall
accumulate.
All payments for sick leave shall be paid at a daily rate based on the
average earnings per shift if the bailee operates under method I and at the
rate set out in Item 4 of Table 2 if the bailee operates under method II.
Average earnings per shift shall be calculated over the preceding three
months period. Provided that a permanent bailee shall not be entitled in any
12 months period as a permanent bailee in the industry, with one or more
bailors, to total sick leave in excess of that stipulated above.
21. Deductions and Bonds
A bailor shall be entitled to deduct from any moneys payable by the bailor to
the bailee under this determination, any moneys payable by the bailee to he
bailor under clause 3, Method of Payment, of this determination. A bailee
may, at the bailor's discretion, be required to deposit a bond as set out in
Item 5 of Table 2 prior to the commencement of any bailment.
22. Long Service Leave
Permanent bailees, who have served continuously with one bailor for a period
of not less than five years, commencing on or after 1 February 1972, shall be
entitled to long service leave.
The conditions of eligibility for leave, and the quantification thereof, and
all other conditions pertaining thereto, shall be by reference to the Long
Service Leave Act 1955, as it would have applied, if the bailee was an
employee of the bailor, during the period of service.
Service, for the purpose of this clause, shall mean a continuous period,
during which the permanent bailee has taken a taxi cab on bailment, as a
permanent bailee, from the one bailor. For the purposes of this clause the
calculation of the rate per week of such leave shall be equivalent to the
rate per week provided in clause 19, Annual Leave, of this determination.
23. Payment for Down Time
(a) In the event of a permanent bailee being rostered for duty, and because
of reasons beyond the control of the bailor, and alternate vehicle
cannot be acquired for him, resulting in his being unable to complete
his shift, the bailee shall be entitled to the following arrangements:
(i) Where no vehicle is available to commence shift, and where at least
two hours' notice is not able to be given prior to normal
commencement time, an appropriate payment will be made.
(ii) Where part of a shift is completed, the bailee shall be required to
pay in for that portion of the shift, but shall be entitled to
reimbursement as set out in Item 6 of Table 2, for the incompleted
portion of his shift, subject to his complying with any reasonable
requirement by the bailor up to the completion of his normal shift.
(b) Whilst the conditions outlined above guarantee remuneration for the
bailee in relation to the non-availability of a vehicle, it is further
expressed that where a permanent bailee does not give the owner
notification of his inability to attend on time for a rostered shift
earlier than two hours prior to the commencement of the shift the
conditions provided for in this clause shall not apply.
24. Preference of Employment
(i) Subject to section 129B of the Industrial Arbitration Act 190,
absolute preference of employment shall be given to members of the
Transport Workers' Union of Australia, New South Wales Branch.
(ii) Such preference shall be limited to the point where a member of such
union(s) and a person who is not such a member are offering for
service or employment at the same time and, in the case of
retrenchment, to the point where either such a member or such a person
is to be dismissed from service or employment.
(iii) The employment to which this subclause applies is employment in an
industry or calling in respect of which the said union(s) is/are
entitled to enrol members pursuant to its/their rules.
(iv) The provisions for preference made by this clause shall not apply to
or in respect of the employment in any industry or calling of a person
who has been issued by the Industrial Registrar with a certificate of
exemption pursuant to section 129B of the Industrial Arbitration Act
1940, provided that the certificate remains current.
(v) Subject to section 129B a like absolute preference of employment shall
be given to persons who are competent for the work required and who
have been members of the Forces during the war.
25. Drivers' Delegate
(a) A bailee appointed in accordance with the rules of the Transport
Workers' Union of Australia, New South Wales Branch, from time to time
as drivers' delegate shall be recognised as the accredited
representative of the Transport Workers' Union of Australia, New South
Wales Branch, Association of Contract Drivers.
(b) Any matter arising affecting matters of the association may be
investigated by the delegate and discussed with the bailor or his
representative. The delegate shall, at his request, be allowed a
reasonable opportunity to carry out such duties at a time reasonable
convenient to himself and the bailor.
(c) If a matter in dispute is not settled, the delegate shall, on request,
be allowed access to a telephone for a reasonable opportunity of
notifying the association.
26. Notice Board
A bailor who regularly bails taxi cabs to more than 10 bailees at the one
time shall supply a notice board, of reasonable dimensions, to be erected or
placed in a prominent position in his yard, upon which accredited
representatives of the association shall be permitted to post formal
association notices signed by the representative or representatives.
27. Right of Entry
See section 129A of the Industrial Arbitration Act 1940.
28. General
It is noted that it is expressly agreed between the Transport Workers' Union
of Australia, New South Wales Branch, and the New South Wales Taxi Industry
Association that nothing herein contained shall create or be deemed to
create, a partnership or the relationship of employer and employee between
the bailor and bailee; and that the intention of the parties hereto is that
the bailee shall merely take the taxi cab on bailment from the bailor and
shall not have or acquire any proprietary interests herein.
29. Leave Reserved
Leave is reserved in respect of the Newcastle and Wollongong Transport
Districts.
Leave is reserved for the parties to apply as they may be advised in respect
of Matter No. IRC 2383 of 1995.
30. Payment to Safety Reform Package
30.1 In addition to the maximum pay referred to in clause 3, Method of
Payment, bailors may require a bailee to pay an amount at the end of
each shift equal to $0.80 for each flagfall received by the driver
during any shift. This payment is for the purpose of funding the
Safety Reform Package.
30.2 Bailees must record the number of flagfalls on their driver's daily
work card or work sheet, which shall be delivered to the bailor at the
end of each shift.
30.3 In the event of a dispute about payment of the amount referred to in
subclause 30.1 of this clause, the matter shall be referred to the
Transport Workers' Union of Australia, New South Wales Branch and the
New South Wales Taxi Industry Association, who shall consult with
their respective members with a view to resolving the matter.
30.4 In addition to the maximum pay-in referred to in the said clause 3,
bailors may require bailees to pay an amount for each day shift, not
exceeding $16.00 and for each night shift not exceeding $24.00. This
amount represents a maximum entitlement of the bailor to receive 80
cents for each hiring charge as approved by the Department of
Transport on 1 July 1996 for costs associated with implementing taxi
reforms. Amounts required to be paid by bailors under this clause
shall not be subject to adjustment by reference to actual hiring
charges during shifts.
31. Area, Incidence and Duration
This determination shall apply to a Contract of Bailment of a taxi cab
(within the meaning of the Industrial Arbitration Act 1940) in the
Metropolitan Transport District (within the meaning of the Transport Act
1930) made after or existing at 12 March 1984.
FOR EFFECTIVE DATE PLEASE REFER TO SCHEDULE OF AWARD AND VARIATIONS TABLE.
PART B
MONETARY RATES
Basic Wage for Adults: $121.40 per week
Table 1 - Wages
(1) Bailee's percentage of the chargeable fares - 50%.
(2) Shift Maximum Kilometres Excess per
pay-in km cents
$
Day shifts - all days . . . . . 97.00 260 44
Night shifts - Monday . . . . . 105.00 300 44
Night shifts - Tuesday . . . . 107.00 320 44
Night shifts - Wednesday . . . 116.00 320 44
Night shifts - Thursday . . . . 130.00 350 44
Night shifts - Friday . . . . . 148.00 400 44
Night shifts - Saturday . . . . 148.00 400 44
Night shifts - Sunday . . . . . 115.00 320 44
Table 2 - Other Rates and Allowances
Item No. Clause No. Brief Description Amount
1 2(j) Excess fee amount 0.44
2 19(b)(i) Annual Leave Pay (Bailee 531.00 per week
- 12 months)
3 19(b)(ii) Annual Leave Pay (Bailee 531.00 x 4/48 x no.
- 3 to 12 months) of weeks
4 20 Sick Leave 101.00 per day
5 21 Bond (Payable) 100.00
6 23(ii) Incomplete Shift 12.65 per hour
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