Faruque Ahmed
P.O. Box – 349, Alexandria - 2015
Mobile: 041 091 4118
Mr. Mark Lennon
Secretary
Unions NSW
Level 3,
4 - 10 Goulburn Street
Sydney NSW 2000
Telephone: (02) 9881 5999
Fax: (02) 9261 3505
Email: mail@unionsnsw.org.au
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 for this time. 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. The sad part is even to day, the NSW TWU is acting against us at every available opportunity.
I wonder is it possible to bring some sense out of the NSW TWU leaderships who think the labour movements are their captives and they can molest them all of the time?
I have had enough of them.
With thanks
Sincerely Yours
Faruque Ahmed
Saturday, December 27, 2008
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.
The NSW TWU’s Crime against Taxi Drivers
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.
Faruque Ahmed
P.O. Box – 349, Alexandria - 2015
Mobile: 041 091 4118
Director General
Attorney General's Department of NSW
Parramatta Justice Precinct
160 Marsden St
Parramatta NSW 2124
DX 1227
Sydney NSW 2001
Phone: 02 8688 7777 or 1800 684 449
Fax: 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 allowe 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 Meyall. 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 19Dec07 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?
Ernie
On 19/12/2007, Brian Ridge <> 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.
Brian
Posted by Austro_Bangla at 3:25 AM
