Tuesday, April 22, 2008

NSW Bailees Do Not Receive Entitlements

NSW Bailees Do Not Receive Entitlements

--- In NSWTDAFORUM@yahoogroups.com, "tedtaxifo" wrote:
Re:IPART letter (To the brave and the bold for comments please.)

In response to my paragraph on Entitlements Peer wrote as below. I do not believe he is correct. My statement about the almost universal non-payment of Entitlements in Sydney is strictly factual, I believe.Which is potentially important to the IPART taxi fares assessments, this or next year, given that on many matters IPART's "facts" are a long way from the reality.

Yes, Entitlements are a statutory determination by the Industrial Relations Commission. As such they are a CONDITION of driving a cab ! And they SHOULD be allowed for in payins and paid to all permanent drivers. ( So far agreed with Peer. )

But in fact in Sydney they are almost universally NOT paid to drivers by the operators and that has been the case for so long that operators with impunity do NOT allow for the payment and cost of Entitlements in the Payins. (The currently lower than Maximum Payins – as determined by the IRC – are not because of that, but as generally agreed, are because of the shortage of drivers and attracting drivers. Refer alsoIPART Issues page 10)

The strong evidence for stating that Entitlements in Sydney are almost universally not paid is three fold:

1. The damning evidence extracted from the Taxi Industry Assoc'n (John Bowe & Howard Harrison) about virtual non-payment of NSW Entitlements in the IRC 10Feb2005 HEARINGS (Transcript extracts below, a very interesting read !).

2. The 2007 PwC Survey finding that 2% of NSW drivers are paid Entitlements as per Page 10 of the 2008 IPART Issues paper (also a very interesting read !).

3. And that there is one known (perhaps 2?) Sydney driver paid Entitlements on Method 1 – and only 2, 3 or 4 others (maybe) out of 17,000 drivers who may have got something by threatening action etc.Cheers,Ted

EXTRACTS from IRC 2004 / 544 HEARING on Thursday 10Feb2005 CONNORC.Hearings Transcript pages 1-84Witness: Mr JOHN BOWE(Exhibit 21 : TIA submission 12May04 by Mr John Bowe, executive director Taxi IndustryAssociation (TIA) 1982 –2003, 40 years in taxi industry as driver, owner, coops director.)
Q. You've asked the tribunal to accept … that the taxi operators across the board are facing the cost of driver entitlements of some three to $4,000 a year. Do you see that?

A. M'mmm.

Q. That's simply false with respect to, in your figures, 70% of taxi operators, isn't it?

A. No, it's not, that is what the entitlements add up to.

Q. But they're not actually paying them are they?

A. Well, it was not up to us to tell IPRT (IPART) that people aren't paying them.… … …
Pp36 Q. Your evidence is that, notwithstanding that customers are paying for those entitlementsthrough the fare, that in 70% of cases it's not going to the driver. Is that right?

A. That's my personal opinion, yes.

Q. That's just fraud on the public, isn't it?

A. Well, I wouldn't agree with that because you are setting that that is something that they are bound by law to pay.… … …
Pages 50 - 68Witness : Mr HOWARD HARRISON( Exhibit 23 : 1 February 2005 statement by Mr Howard Harrison of ?? Avenue, Toongabbie, chief executive officer of the Taxi Industry Association (TIA), 40 years as driver, owner, CCC Director, TCS employee.

Pp 53 CLEGG : Can I just indicate that it is put forward really as a model and Mr Harrison will concede that for instance it is based on full entitlements being paid to drivers, just as it's based on operators receiving maximum pay-ins. And we have evidence in these proceedings to say that that doesn't really happen in most cases.… … …-0-0-0-0-

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