Moves by Townsville Taxis to implement a new agreement has drivers rightfully concerned about their rights. My view personally is to not sign it but in the long run it will not matter.
I have sought the advice of the Ombudsman's office and will broadcast any relevant response.
I have recently been assured that the matter in relation our petition on the taxi companies abuse of power over drivers will be remedied as soon as is practical. It is considered by the Director General that it is immoral. Don Brown's recommendations in his report will reflect that view.
In addition, Member for Nicklin, Peter Wellington, asked the Rachel Nolan about the proposed standard bailment agreement in parliament this week.
The following is in Hansard:
Taxi Industry
Mr WELLINGTON: My question is to the Minister for Transport. Recently I met with
representatives from the Cab Drivers Association of Queensland where they expressed a sense of
frustration with the progress that the Department of Transport's health and safety committee is making
in producing a fair and equitable bailment agreement for use between Queensland taxi drivers and
operators. Can the minister advise: what is the progress of the review of the bailment agreement and
will it be presented to the Taxi Industry Advisory Committee for consideration before it is finalised?
Ms NOLAN: I thank the member for Nicklin for what I think is a very good question. Recently a
number of reforms have been made in relation to the taxi industry. Last year, within the Department of
Transport and Main Roads, I established a new taxi compliance unit which, in the five months to
February, conducted 94 specifically targeted operations checks on 4,000 taxis. In November last year
new rules came into effect that meant one year's experience driving on Australian roads was required
before someone could become a taxidriver. There was some concern that people who were not
experienced in our road conditions were arriving from overseas and becoming taxidrivers very quickly.
That change came into effect in November. A further change is that people have to be at least 20 years
old before they can become a taxidriver. In addition, I established the Taxi Industry Advisory Council,
which brought together the key industry players and, for the first time, gave the drivers, including the
Cab Drivers Association of Queensland with whom the member met, an active voice around the table of
government in developing the net strategic plan for the taxi industry going forward.
Right now, one of the Industrial Relations Commissioners, Don Brown, is conducting an
investigation into the employment relationship between taxi companies or owners and taxidrivers. The
issues around bailment agreements between taxi owners or companies and taxidrivers are being
considered as part of that work. There is an intersection here between the Industrial Relations
Commission, which essentially has responsibility for the employment relationship, and the Department
of Transport.
The member is correct in saying that my department has done some work around a model
bailment agreement. The taxidrivers have not yet been consulted on that. I am keen to hear what Don
Brown comes up with. I think it would be silly to put forward a bailment agreement now when the
Industrial Relations Commission may only be a few months away from making quite substantial
changes to that bailor/bailee relationship. We will hear what Don Brown has to say very soon, but I am
open to the idea of a model bailment agreement that will establish clear model rules for that bailee/bailor
relationship. I think that we will resolve this over the next number of months in response to the Industrial
Relations Commission report
(end)
I have issues with her interpretation of prior events and in particular her reforms but the real thrust of this is that she and Queensland Transport are on hold awaiting Don Brown. This means we have work to do but we are in a good position to bring real reform through a compulsory standard bailment contract.
A standard compulsory agreement we propose will also need to set terms of insurance and provide a means for the bailee to have holiday pay, superannuation, workcover, and sickness and accident cover.
What this all means is that we are close to position where a standard bailment contract will cover all matters in relation to bailing the taxi between the operator and the driver the network dispatch company's role will be ineffectual. With the power to refuse access (pull the PIN) and a tribunal set up to handle disputes, the company will have no role to play. Any contract will be useless.
The best advice I can give to Townsville drivers and operators is to tell the company that you are awaiting the production of a standard bailment contract and do not wish to sign anything until it has been determined. Perhaps you could question why you need to sign an agreement at this stage when the company already has the power to act or do they?
If you wish to play it safe, ask to have a copy so that you can seek advice before you sign.
I should have more on this soon,
Lee
New Management Committee Members Elected
Last Sunday, March 28, a CDAQ Special General Meeting was held for the purpose of passing five amendments to the rules and to determine candidates for four vacant Management Committee positions.
Advice sent via email and letters to all members, explained the amendments in detail, called for Management Committee nominations to fill vacancies, and provided the opportunity for proxy voting for or against the amendments.
Four nominations of members were received for the four vacant positions. They were Stan Zemanek, Risto Reponen, Chris Burnell and Epi Domoni. As only four nominations were received, there is no need for an election.
I am pleased to announce that this is the first time we have had Management Committee vacancies filled by members who work outside the Brisbane area. Chris Burnell is a well-known and very active Gold Coast member and Epi Domoni is highly respected among Townsville taxi drivers for his contribution on behalf of local members.
Management Committee meetings will now facilitate the need for long distance participation for members out of the Brisbane area.
Departing MC Members
It should be recognised that the circumstances involved in earning a living as a cabbie make it difficult at times for those on the Management Committee to guarantee long-term commitment, particularly the way things have been recently. We must appreciate that people who volunteer to serve on the committee and find circumstances change may not be able to complete the full term.
I would like to express my thanks to the members who were unable to continue and thank them all for all the good work performed in the most difficult of times.
Equally we should be thankful that others are keen to step in and fill the positions. In addition, many others contribute to the level they can. They may not be able to commit to the committee but perform valuable volunteer tasks that have contributed to great results.
I look forward to the near future when I can safely better express my appreciation by naming these people but that is not best practice at present. Take heart we are close to a result over the power of the taxi companies.
If you feel that you wish to contribute, I would love to hear from you. It may not be more than one particular skill or task but it is likely to be something we can use.
Send me an email if you wish to discuss it. secretary@cdaq.org.au
New President and Treasurer
The current Management Committee has the total maximum number of nine positions filled and, according to the rules, vacant executive positions will be determined by the Management Committee when it meets at its earliest convenience. This should be when we get Easter out of the way. With the recent resignations of Graham Hibbs and Ron Lloyd, the positions of President and Treasurer will need to be filled.
Nominations are now being determined among the Management Committee members and we will announce those positions as soon as decided.
For members not familiar with the constitution, the executive positions are determined by the Management Committee and can at any time be reassigned, so in effect any position is up for election should an executive wish to step down from that position or the Management Committee determines a change is necessary.
Of course, this does not prevent you from expressing your support for a person whom you believe should fill an executive position. We are keen to know the members' views and take them into consideration.
Feel free to send your endorsement.
The Management Committee now currently comprises:
Rob Daniels (Vice President / Acting President)
Julie Creenaune (Assistant Secretary / Acting Treasurer)
Matthew O'Meara
Fred Lind
Stan Zemanek
Risto Reponen
Chris Burnell
Epi Domoni
Lee Sims (Secretary / General Manager)
Five Amendments to the Rules of the Association
The Special General Meeting was also called to attend to five amendments to the rules. All who attended voted in favour of all amendments.
Several proxies were received which all endorsed the amendments with the exception of one which only voted yes on two.
Minutes of the meeting will be made available to any interested member upon request. Just email me. In the very near future we will be able to make all minutes of meetings available for viewing on line.
We are in the process of initiating special "members only" sections on the web site.
The amendments were therefore passed and will now become part of the rules.
Briefly the amendments were;
Amendment No 1 Minimum of 5 on Management Committee (Still with a maximum of nine)
Amendment No 2 President, Secretary and Treasurer the only required positions (Others at discretion of MC)
Amendment No 3 New class of Life Member
Amendment No 4 Methods of electing Management Committee members (Postal and on-line)
Amendment No 5 Position of General Manager (Now formally part of association structure. (At present still volunteer.)
You will be able to view these in the Rules on the web site in "Memberships" as soon as the update is processed.
Thank you to all who participated in person and via mail. It has to be realised that the working life of a cabbie is one which inhibits the ability to attend meetings. As well, we now have a solid membership presence in areas from Coolangatta to Cairns. Therefore, we plan to introduce methods for viewing and participation of all meetings on line as soon as the budget permits.
Lee
The E-Petitions were read in parliament by the Clerk of the House on Tuesday (9th March) and referred to the minister on Wednesday. This is normal procedure after the close of the petitions but the process has begun.
The Numbers
The E-Petitions only had 150 signatures for Petition 1 and 120 signatures for Petition 2 but the written petitions with 1072 and 1009 respectively were given to Peter Wellington when I met with him at parliament house on Wednesday and he was very positive about fighting both issues.
He has assured me that he is on side with this and will present our cases, using the written petitions himself and asking direct questions of the minister, Rachel Nolan.
I received some late arrivals after that which I will have to forward on, so at present the combined totals of signatures received are;
Petition 1 - Taxi Companies' Abuse of Power over Drivers:
150 + 1190 = 1340
Petition 2 - Remove Recognition of Taxi Council of Queensland as Peak Industry Body:
120 + 1159 = 1279
There are probably many forms that have been lost or have not made their way back to me as yet but we will call this the end tally.
The Arguments for the Petitions
I am at present compiling the argument for each proposition along with supportive evidence.
The main arguments have already been stated on the web site under "January Petitions" at
http://www.cdaq.org.au/2010reform/janpetition.htm
and "Fairness and Justice for Taxi Drivers" at
http://www.cdaq.org.au/2010reform/fairjusttaxi.htm
If you have not read these pages, I ask that you do to fully understand the issues and CDAQ's policy on them. As always you are invited to ask questions and state your opinion. I would be keen to receive them.
Supportive Evidence
I have had a number of cases recently which support our case for Petition 1 "Abuse of Power" and I will be forwarding the full details of each case to Peter Wellington to back our proposition.
Azim
Azim in Brisbane was charged the cost of repair to a taxi for damage caused by a passenger and the result of faulty equipment. This should have been a no fault accident covered by his insurance for which his operator charged $8.80 per shift. The amount of $300 was claimed to be his debt and when he refused to pay, the operator called Black and White and had his PIN pulled. When I spoke with Black and White's General Manager, I questioned why it was the company's business and not a civil matter. I was told that all the operator has to do is call Black and White and say that a debt is owed and request that the driver's PIN be pulled to force him to pay and that is all Black and White need to know.
BAC Concrete Barriers
Also in Brisbane, both taxi companies have fined drivers for driving over the cement barriers in the "snake" feeder at domestic airport. Although I agree that drivers should not do this as it damages the concrete and costs BAC, there are better remedies that could be negotiated to solve the problem than the companies flexing their muscles, issuing fines and threatening to pull drivers' PIN's.
The taxi dispatch companies are now vigilantes for hire. Need a problem fixed? Just tell them as they have control over their drivers. Who gave the companies this power to exert control and act as hired guns? Well no one really. They just took it by default because they operate the system that provides the ability.
Nathan Macauley
In his latest letter, Townsville Taxis manager still refuses to reinstate this driver who has been totally cleared by Queensland Transport twice and false claims regarding this case is only providing more evidence for legal action by Nathan. I hope he sees fit to follow this through. The manager has defamed Nathan and made false claims that will likely result in a costly settlement but it did not need to be. According to people I have consulted ,drivers, company personnel, local operators and Queensland Transport staff at high level, Nathan should be have been driving months ago.
Del Delaney
This is probably the most blatant abuse. Who would not object to being told to do a "dead run" from Gladstone to Tannum Sands for a job likely to be worth around $5, particularly when you are not the rostered car for that day? Del refused such a job and was threatened with action under Section 62.
Del again refused and was told that the director had said she must do it. Her reply, "You can stuff your job and that goes for (director) as well.", resulted in the company issuing fines under company by-laws totalling $450. The fines were for misusing the company equipment, $225, and making offensive remarks about the director, $225. She refused to pay and the PIN was removed.
David McTaggart
David is a very experienced and highly respected driver in Toowoomba. An abusive driver was repeatedly and loudly proclaiming obscenities at David, clearly audible to surrounding public.
This caused David to say a number of times, "Don't say that to me.", but the driver continued in clear range of the public. In frustration, David grabbed the driver by the shirt but then let go.
This was backed by other drivers who witnessed it. Technically assault but investigating police determined that there was no charge to answer.
Not the company. The manager immediately cancelled his PIN but took no action against the original offender, a foreign student driver who ignited the situation with his very public demonstration of abuse.
Of course there are hundreds, even thousands of examples of this nature. The abuse is likely to be found in every service area. It does not matter whether people are guilty of an offence or not. This rough justice backed by kangaroo court appeal processes would not be tolerated in any other industry.
The bailee situation which makes us non-employees is being used to avert fair and just treatment.
Too Much Power is Dangerous to All
It is not only about the wrong-doers. There are better ways of dealing with these matters, if the drivers do the wrong thing. Methods that promote respect, not cause respectable people to leave the industry. There is also the obvious danger of innocent people suffering in this.
The real underlying danger, as we all know, exists where this power can be used to intimidate and prevent criticism of the taxi company or its directors and certainly silence whistleblowers who may otherwise reveal something which threatens public service and/or safety.
The exercise of the petitions demonstrated this. So many people questioned whether they would be exposed to the company if they signed the petitions. People who are supposed to be independent, responsible business people, conducting their own affairs as bailees, feel threatened by the people whom they indirectly pay for a sub-standard service. Many did sign but needed assurance that the signatures would be kept confidential. Some simply would not take the chance.
This is Australia, land of the Anzacs not Nazis. It's the 21st Century. Even Communist Soviet Union no longer exists.
There is something very wrong with this and we must make people outside the industry realise it.
More Evidence
The ability of the companies to exert this power should be enough to convince any fair person that it should not exist, let alone the blatant examples here which have come to my attention in past few months but let's not leave it to chance. You may know of better examples which will aid the cause.
If you have any examples of abuse of company power whereby someone had the PIN pulled for no justifiable reason or for an exaggerated offence as a means to exert power or control, please send it to me. It will be kept confidential but I want to supply evidence as much as possible of the gravity of the abuse and how it silences good people from speaking out about the wrongs in the industry and stifles debate about proper solutions to our problems.
The same goes for the second proposition about the Taxi Council not representing the majority of stakeholders in the industry.
If you wish you can send your statements directly to Peter Wellington but please keep it on the current propositions. His email address is nicklin@parliament.qld.gov.au
If you send anything to him directly, please cc it to me as well so I can keep tabs on the information and follow it up. Otherwise send it to me and I will ensure it is passed on.
We will deal with other matters in time. For now, it is best to stick to the matters on the table and not overload the situation, so please, only matters relating to the petitions.
Although, if you feel like expressing your appreciation to Peter Wellington for taking up the fight, a "thank you" email would be a great idea.
The Strategy
The key moves here are to try to get the government to take away from taxi companies the power to deny drivers the means of earning a living at their whim and establish a process for independently settling disputes (Petition 1) and to open the industry to widespread consultation by establishing a body that considers your situation and provides you with the access to be heard on policy decisions (Petition 2).
Significant Numbers
I was disappointed that we did not get the target of 5,000 signatures but I have been assured that the numbers are significant and considering a number of factors, most importantly the intimidation itself, we have proven that there is a case in each.
Remember, there are not many large operators who would be brave enough to chance the company knowing they support our cause. The sub-leasing arrangements place many of them at the whim of the taxi company in a life or death situation business-wise. So forget about collecting signatures at the large bases.
The fact that the Taxi Council used its relationship with BAC, to have our posters about the petitions removed and the collection of signatures on Brisbane Airport land banned, may have costs us thousands of signatures. One collector obtained over 200 signatures, gathered while waiting in the feeder for a fare, over three days before being told to stop.
The supervisors were so vigilant that I was prevented from handing out reminders for the Don Brown Inquiry Brisbane and Ipswich Sessions.
The Taxi Council really went into panic mode over Petition 2 which caused me to advise all collectors to be discreet. Do you think it does not have an effect?
The number of drivers who pass through the airport feeders means that the vast majority of drivers could be reached in that one location with plenty of time to consider the propositions and sign.
There were some energetic collectors in other areas, but Brisbane with more than 7,000 drivers alone is the key. So it was word of mouth, email and city ranks. With no paid staff the task was mammoth.
I spent six hours with one other person on the Creek Street, rank and we gathered over one hundred signatures as drivers passed through,
We also must realise now that things can be made to change but being right is not the only thing. It is political and we need to be right in numbers, so let's keep the pressure up.
Are They Getting Nervous?
Curiously, the Taxi Industry Advisory Committee meeting, scheduled for Wednesday, the first since November, 2009, was cancelled on Tuesday. The day the petitions were read in parliament.
It is not certain that there is a connection but one can't help but question the timing considering that the TIAC is overloaded with four Taxi Council of Queensland officials plus a couple of friends.
Pity, as I was looking forward to raising the matter of the petitions and the Don Brown inquiry.
I received notice by email on Tuesday claiming that Queensland Transport's Acting General Manager, Ryan Huelin was called away to Horn Island and as a result the committee meeting could not go ahead. Must have been a big emergency.
Hon Craig Wallace MP Meeting
Finally to bring things up to date.
The previously promoted meeting with the member for Minister for Main Roads and member for Thuringowa, Hon Craig Wallace MP, went ahead on Friday, February 16, in his Townsville electoral office. There was only room for 12 drivers to fit in the room so others waited outside. All in all, the report was around twenty which is a good roll up.
Mr Wallace must have thought he was under siege with a room full of cabbies and the meeting resonated in Brisbane.
I was at a meeting with Queensland Transport hierarchy on Monday (8th), and was told that Craig Wallace had spoken about the meeting with Rachel Nolan and passed on the concerns that the drivers expressed.
Of course, I knew all about it but it was interesting that I was able to discuss it with QT top brass who was familiar with the details of the meeting a little over one week later. Great work, guys. You must have impressed with your points. It is the statewide appearance of support we need to demonstrate.
The main thrust of the meeting was to show that the petitions were backed by drivers all over because the problems in the industry are common throughout the state. Both petitions were high on the agenda but other important matters were broached.
Craig Wallace reportedly expressed concern when the drivers cited examples of Townsville Taxis abuse of power by pulling the PIN on drivers.
Drivers also took the opportunity to raise concerns about the response of the Police and dispatch company operators over fare evasions and assaults. Mr Wallace asked that he be supplied with hard evidence and the effect negative responses had on drivers.
Those present have said they were convinced that their member was genuinely interested and concerned and that the meeting would do much to further promote our cause. Judging from experience at the meeting Queensland Transport on Monday, he is certainly true to his word.
As I understand it, Craig Wallace has had a detailed discussion with Rachel Nolan about the meeting.
Craig Wallace deserves our appreciation for this. It shows that often lack of communication on our part means that our representatives in government have no reason to believe that anything is wrong.
Maybe we should all consider how our local member of parliament can be availed to promote our issues.
Our thanks to Craig Wallace for his time and concern. We look forward to his continued practical support.
Congratulations to the organiser of the meeting as well. Great effort.
All helps tremendously to prove that our problems are real and widespread and the support for reform is genuine and strong.
Well that's all for now but I should have an update soon with Peter Wellington's presentation of the written petitions and signatures in parliament and questions to the minister.
Stay tuned.
Lee
As he shares the one department Rachel Nolan in Queensland Transport and Main Roads, it can be assumed that he will inform her of the meeting.
The Townsville members will confront Mr Wallace in his office as their local MP to insist that he support the petitions when they hit parliament. It will put him on notice that the drivers have issues and want action.
The Townsville member organising the meeting had a great idea. I would love to give proper credit but, at this stage, it is best policy to not publish names. Pity because the driver deserves high praise.
The suggestion made was that this tactic may have an effect on other MP's. It will certainly stir things up if cabbies around the state suddenly start appearing in their local MPs' offices all pushing the same issue.
I would like you to consider whether you can get a number of cabbies to form a group, make an appointment and see your MP to present the arguments in the petitions and demand support.
Never presume that they actually know about the issues. If aware, it should add weight to our push for the reforms. It will likely become the talk around George Street.
I helped prepare the written material for Craig Wallace's meeting and I would be happy to supply you with the same if you want to present it. It is basically the same content on the web site under January Petitions and Fair and Just Treatment.
Let me know what you think?
Peter Wellington
It is also appropriate here, in fact long overdue, to thank Peter Wellington MP, Member for NIcklin, for his invaluable assistance with his sponsorship of the petitions. It took a few weeks after I was stalled by Julie Attwood MP and Fiona Simpson MP, who for reasons unstated were reluctant to immediately agree to supporting our petitions. Neither actually refused but after waiting between two and three weeks, I approached Peter who immediately recognised the significance of our case and did not hesitate to support us. I saw him on a Friday at 2pm and received confirmation that the E-Petitions would be on the web site by early on the Monday morning. They were operating by 5pm that day.
What more could you ask for?
The delay in attaining the support has probably cost us the impact with the E-Petitions but there is still a week for people to sign on-line. However, even though we were banned at key places from attaining signatures we will have a strong number on the printed forms by the end of the week.
Again, need I say it? Tell everyone to sign the E-Petitions. It is open to all Queensland residents.
Lee
