Taxi Industry (Contract Drivers) Contract Determination 1984 [2001] NSWIRComm 320

Industrial Relations Commission of New South Wales

CITATION : Taxi Industry (Contract Drivers) Contract Determination 1984 [2001] NSWIRComm 320 PARTIES : New South Wales Taxi Industry Association Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER: 3119, 3282 of 2001 CORAM: Marks J CATCHWORDS : Contract of bailment - Application to vary contract determination - Whether custom and practice concerning pay-in rates for bailee taxi drivers - Pay-in rates varied consistent with basis for fare increases - Whether interim contract determination can be made. LEGISLATION CITED : Industrial Relations Act 1996 s3 s16 s163 s312 s320 CASES CITED : Taxi Industry (Contract Drivers) Contract Determination 1984 IRC 1969 of 1996 Taxi Industry (Contract Drivers) Contract Determination 1984 IRC 6439 of 1999 HEARING DATES: 11/22/2001 DATE OF JUDGMENT: 12/05/2001

Mr R Reitano of Counsel New South Wales Taxi Industry Association SOLICITORS LEGAL REPRESENTATIVES: Pigott Stinson Ratner Thom

Mr A Metcalfe Transport Workers' Union of Australia, NSW Branch

JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MARKS J Wednesday 5 December 2001

Matters No IRC 3119 and 3282 of 2001

TAXI INDUSTRY (CONTRACT DRIVERS) CONTRACT DETERMINATION 1984 Application by NSW Taxi Industry Association and TWU NSW Branch for variation re monetary rates

DECISION

1 The Commission has before it two applications to vary the Taxi Industry (Contract Drivers) Contract Determination 1984. That contract determination applies to contracts of bailment between operators or owners of taxicabs and taxicab drivers. Contract determinations are made under Pt 2 of Ch 6 of the Industrial Relations act 1996. This Commission is given jurisdiction to deal with contracts of bailment under s 312 of the Act, which is in the following terms: (1) The Commission may inquire into any matter arising under contracts of bailment and may make a contract determination with respect to any of the following matters under those contracts: (a) the remuneration of bailees under those contracts (including by way of a minimum rate of commission expressed as a percentage of the chargeable fares earned), (b) the amounts (if any) to be paid by the bailor to the bailee as attendance money when the bailee is required to attend at a place where the public vehicle concerned is to be bailed to the bailee but no such bailment takes place and for special duties such as preparing and driving a public vehicle to a registering or licensing authority for inspection, (c) annual or other holidays, sick leave and long service leave for the bailee or payments to the bailee instead of any such leave, (d) the minimum number of hours per day, per week or for any longer period during which the bailor is to bail the vehicle, if drivable, to the bailee, (e) if satisfied that it is imperative to do so in the interest of bailors, bailees and the public—the maximum number of hours per day, per week or for any longer period that a bailee may drive a public vehicle, (f) other conditions. (2) Subsection (1) (a) does not authorise the Commission to fix penalty rates of commission in relation to excess hours of work or work on specified days but, in fixing a rate of commission under subsection (1) (a), the Commission may take into account all the circumstances in which a public vehicle is driven for reward. (3) The Commission may, after inquiry, make a contract determination with respect to the records to be kept by bailors in respect of contracts of bailment. Any such determination is subject to any regulations with respect to the matter.