Taxi Industry (Contract Drivers) Contract Determination [2010] NSWIRComm 1039

Industrial Relations Commission of New South Wales

CITATION: Taxi Industry (Contract Drivers) Contract Determination [2010] NSWIRComm 1039

APPLICANT New South WalesTaxi Industry Association PARTIES: RESPONDENT Transport Workers Union of New South Wales

FILE NUMBER(S): 509 of 2010

CORAM: Macdonald C

CATCHWORDS: Application for variation of contract determination re taxi fare increase - State Government approval for taxi fare increase - leave to intervene sought by unregistered organisation in order to oppose application - no appearance by respondent Union - leave not granted - application to vary contract determination granted

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Taxi Industry (Contract Drivers) Contract Determination [2010] NSWIRComm 1037

HEARING DATES: 08/07/2010

DATE OF JUDGMENT: 8 July 2010

APPLICANT Mr Owen Ratner, solicitor for NSW Taxi Industry Association LEGAL REPRESENTATIVES: RESPONDENT No Appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C.

Thursday, 8 July, 2010

Matter No IRC 509 of 2010

Taxi Industry (Contract Drivers) Contract Determination

Application by the New South Wales Taxi Industry Association for variation re adjustment to pay-ins

DECISION [2010] NSWIRComm 1039

1 Pursuant to the provisions of Part 2, Contract Determinations, of Chapter 6, Public Vehicles and Carriers [Ss.311 to 321], of the 1996 Industrial Relations Act, the New South Wales Taxi Industry Association ("the TIA") has lodged an application concerning the Taxi Industry (Contract Drivers) Contract Determination. 2 The application seeks to vary the taxi industry contract determination to flow on a share of a fare increase recommended in a recent report to the State Minister for Transport by the Independent Pricing and Regulatory Tribunal of New South Wales [IPART] which reviewed taxi fares in this State. The fare increase has been accepted by the State Government and is to take effect from Monday, 12 July, 2010. 3 There are two methods of remuneration recognised under the taxi industry contract determination. An explanation of those two methods and their history are set out in the decision of Connor C in IRC 907 of 2010 given on 15 July, 2010. 4 This TIA application seeks to vary the taxi industry contract determination by increasing the current maximum pay-in amounts shown in Table 1, Part B and by increasing other rates and allowances (exclusive of GST) shown in Table 2, Part B. 5 The Commission set this application down for a Hearing at short notice, given the urgency request made in the affidavit of Mr Owen Benjamin Ratner, solicitor, for the T.I.A. The affidavit advised of an anticipated taxi fare increase to take effect from 12 July, 2010 based on the IPART Report to the Minister for Transport. The Commission was provided with the Determination of Fares for Taxi-cabs: 2010 (Exhibit 1) which showed that the Ministry of Transport had indeed authorised a taxi-fare increase effective from 12 July, 2010. 6 Mr Ratner appeared for the T.I.A. and urged the Commission to approve the T.I.A's application. 7 A Mr Jools sought leave to intervene and opposed the application. Mr Jools represented the Australian Taxi Drivers Association ("the ATDA"). The Commission heard him on why leave should be granted to the ATDA which is not a registered organisation and not a party to the proceedings. Mr Jools put the same submission to myself as put to Connor C in IRC 907/10 who rejected the application for leave to intervene. 8 Mr Ratner opposed Mr Jools being granted leave to intervene for the sauce reasoning as given by Connor C. 9 The Commission determined not to grant leave for the same reasoning given by Connor C. 10 There was no appearance by the other party to the application: Transport Workers Union of New South Wales ("the TWU"). My file showed that the TWU had been notified of today's Hearing listing. My office made contact with the TWU. An apology was provided for its non-appearance. The TWU was advised (as was Mr Ratner on the record) that the Commission may decide to grant the T.I.A's application subject to the TWU advising of its consent or opposition to the application. 11 Having made contact with the TWU, the Commission reconvened its proceedings. 12 Having considered the issues and material before it, the Commission determined to grant the T.I.A. application, but subject to the TWU advising of its position as to the TIA application. 13 Later in the day, the Commission received a facsimile transmission from the TWU which advised of its belief that the application was far from adequate for its membership and that the TWU was not in a position at the current time to either consent to or oppose the application. The TWU asked the Commission to determine the application on its merits. 14 In light of the TWU correspondence, the Commission has decided to grant the TIA application. 15 The taxi industry contract determination shall be varied in the terms of the TIA application, effective from the first shift on Monday, 12 July, 2010.