(103)

SERIAL C0407

 

TAXI INDUSTRY (CONTRACT DRIVERS) CONTRACT DETERMINATION, 1984

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the New South Wales Taxi Industry Association, association of employing contractors, and the Transport Workers' Union of Australia, New South Wales Branch, association of contract drivers.

 

(Nos. IRC 6439 of 1999 and 1315 of 2000)

 

Before Commissioner Connor

22 June 2000

 

INTERIM VARIATION

 

1.          Insert after subclause (j) of clause 2, Definitions, of the determination published 17 October 1984 and reprinted 2 August 1991 (264 I.G. 456), as varied, the following new subclause (k):

 

(k)        GST legislation — refers to A New Tax System (Goods & Services Tax) Act 1999 (Cth.) and associated legislation.

 

2.          Delete clause 30, Payment to Safety Reform Package, and insert in lieu thereof the following:

 

30.  Invoice and Record Keeping Procedures

 

(i)         The bailor shall provide, or must have previously provided, the bailee with the name of the legal entity and the ABN of the bailor by not later than the commencement of each shift.

 

(ii)        The bailor shall provide the bailee with a tax invoice which complies with the GST legislation by no later than 14 days after the completion of each shift.  Tax invoices may include more than one shift.  The tax invoice shall contain the following information:

 

(a)        The name of the legal entity of the bailor;

 

(b)        The Australian Business Number (ABN) of the bailor;

 

(c)        The name of the bailee;  and

 

(d)        for each shift, the date of the shift and the following amounts shall be specified —

 

·           the pay-in;  and

 

·           the total paid to the bailor by the bailee (including GST).

 

(iii)       The bailor shall give to the bailee a dated and signed receipt for each payment made by the bailee to the bailor no later than the 14 days after the completion of a shift.  Receipts may include more than one shift.

 

(iv)       For bailees operating under method I, a completed log book may constitute a tax invoice when signed by the bailor.

 

(v)        The bailor shall generate and maintain copies of the following records for a period of six (6) years:

 

(a)        The invoices referred to in subclause 30(ii);

 

(b)        records relating to the calculation and payment of annual leave, sick leave, long service leave and payment for down time entitlements of bailees;

 

(c)        Records relating to any monies deducted by the bailor or bonds deposited with the bailor by the bailee;

 

(d)        All Schedule I elections forms;

 

(e)        All Schedule II Driver Log Books forms (as completed by the bailee);  and

 

(f)         Receipts provided pursuant to subclause 30(iii).

 

3.          Delete Schedule I, Election Form — Method of Payment for Taxi Drivers, and Schedule II, Driver's Log Book, and insert in lieu thereof the following:

 

Schedule I

 

Election Form — Method of Payment for Taxi Drivers

 

As a taxi driver, you have the legal right to choose the method of payment to apply to you.  You cannot be victimised or terminated merely because of the choice you make.

 

You have 2 methods of payment to choose from:

 

Method I — Commission

 

If you are a first year driver in the industry, you keep 45% of all fares taken, including GST but not including tips.  If you are past your first year in the industry, you keep 50% of all fares taken, including GST but not including tips.  You pay the rest to the operator of the taxi.  The operator pays for all fuel and car wash.  You will need to keep a log of all fares you take in addition to filling out your normal worksheet.  Your pay-in is inclusive of GST.

 

Method II — Set Pay-in

 

You pay the operator of the taxi the fixed amounts set out below, or a lesser amount, if the operator and you agree.  You must in addition, pay for fuel and car wash (GST paid on these expenses can be claimed as input tax credits).  You keep the rest.  You do not need to keep a log of all fares you take, but you must fill out your normal worksheet.

 

Shift	Maximum pay-in, excluding	Maximum pay-in including
	GST.  NOTE:  GST is to be	GST
	added to this amount	$
	$
Day shifts — all days	102.90	113.20
Night shifts — Monday	111.70	122.90
Night shifts — Tuesday	113.60	125.00
Night shifts — Wednesday	122.50	134.80
Night shift — Thursday	138.20	152.00
Night shift — Friday	156.80	172.50
Night Shift — Saturday	156.80	172.50
Night shift — Sunday	121.50	133.70

 

Please note:

 

1.          On either method, you have entitlements to annual leave, sick leave and long service leave if you are a permanent driver.

 

Now make your choice.  Tick the box for the method you prefer:

 

METHOD I — COMMISSION

 

METHOD II — SET PAY-IN

 

…………………………………………

             Print your name

 

…………………………………………                         ………………………..

             Signed  Dated

 

 

Acknowledgement of receipt:    …………………………           ………………..

                         Operator’s signature     Dated

 

Schedule II

 

BAILEE DRIVER’S LOG BOOK

 

BAILOR'S NAME:				(Name of the Legal Entity of the bailor)
BAILOR'S ABN:
DRIVER'S NAME				AUTHORITY No.
TAXI NUMBER:
Date:		Time Started:		Time Finished:

 

 

Flag	Start	Finish	Pick Up	Drop Off		Chargeable		Radio	Parcel or	Multiple	Contract
Fall	Time	Time	Location	Location		Fare		Job	Passenger	Hire	Hire
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TOTAL FARES COLLECTED											$
BAILOR'S TAKE											$
(50% of total fares.  NOTE:  Expenses are deducted from the bailor's take)
AMOUNT RETAINED BY BAILEE AT THE END OF THE SHIFT											$
GST TO BE REMITTED TO THE AUSTRALIAN TAX DEPARTMENT BY BAILEE											$
(NOTE:  Bailees are required to remit 1/11th of the total fares collected
to the Tax Department, less any input credits they are eligible to claim)
THE GST COMPONENT OF THE BAILOR'S TAKE											$
(10% of Bailor's take.  NOTE:  this can be claimed as an input credit by the bailee)
I CERTIFY THAT THE PARTICULARS ABOVE ARE
TRUE AND
CORRECT AND AN ACCURATE RECORD OF ALL
FARES TAKEN.
Driver's Signature							Bailor's Signature (TO BE SIGNED IF THIS
							FORM IS
							USED AS A TAX INVOICE BY THE
							BAILOR)

 

4.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 — Wages

 

(1)        Method I:  Bailee's percentage of the chargeable fares — 50%

 

(2)        Method II:

 

Shift	Maximum pay-in,	Maximum pay-in	Km	Excess
	excluding GST	including GST		per km
	NOTE: GST is to be	$		$
	added to this amount
	$
Day shifts — all days	102.90	113.20	260	0.47
Night shifts — Monday	111.70	122.90	300	0.47
Night shifts — Tuesday	113.60	125.00	320	0.47
Night shifts — Wednesday	122.50	134.80	320	0.47
Night shifts — Thursday	138.20	152.00	350	0.47
Night shifts — Friday	156.80	172.50	400	0.47
Night shifts — Saturday	156.80	172.50	400	0.47
Night shifts — Sunday	121.50	133.70	320	0.47

 

Table 2 — Other Rates and Allowances

 

Note:  The entitlements payable by the bailor to the bailee pursuant to this Determination are exclusive of GST.  GST will be added, if applicable.

 

Item No.	Clause No.	Brief Description	Amount $
1	2(j)	Excess fee amount	0.47
2	19(b)(i)	Annual leave pay	561.40
		(bailee — 12 months
3	19(b)(ii)	Annual leave pay	561.40 x 4/48 x
		(bailee — 3 to 12 months)	no. of weeks
4	20	Sick leave	112.30
5	21	Bond	100
6	23(ii)	Incomplete Shift	14.10

 

5.          This variation shall take effect on and from 1 July 2000.

 

P. J. CONNOR,  Commissioner.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.