Townsville Taxi Agreements May Not Be Relevant

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