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					                                          Taxi Industry
                          A guide for bailees and bailors




Important information for bailees and            Shift means the usage of a taxi cab by a
bailors in the taxi industry within the          bailee for a period as agreed between the
Metropolitan Transport District prepared         bailor and bailee of at least 9 hours.
by the Office of Industrial Relations (OIR)
                                                 Day shift means a shift of at least nine hours
This fact sheet is designed to provide a brief   but not more than twelve hours and at least
overview of some of the provisions of the Taxi   75 per cent of the hours are between 3 am
Industry (Contract Drivers) Contract             and 3 pm.
Determination, 1984 (the Determination).
                                                 Night shift means a shift of at least nine hours
You can download a copy of the                   but not more than twelve hours and at least
Determination from the OIR website at            75 per cent of the hours are between 3 pm
www.industrialrelations.nsw.gov.au               and 3 am.

Go to the NSW State Awards section on the        What are the payment methods?
website.
                                                 There are two methods of payment, as set out
Definitions                                      in Schedule I of the Determination. They are:

Bailor – the owner of the taxi.                  Method I – Commission
Bailee – a driver who hires the taxi from the    Industry experience will determine the
owner for a shift.                               commission percentage.

                                                 A first year permanent driver is entitled to
Who does the Determination
                                                 45 per cent of all chargeable fares taken,
apply to?                                        including GST.
The Determination applies to a contract of       A casual or second and subsequent year
bailment of a taxi cab in the Metropolitan       permanent driver is entitled to 50 per cent of
Transport District.                              all chargeable fares taken, including GST.

Can the provisions be changed by                 A driver can retain tips.
private agreement?                               Method II – Set Pay-in
                                                 A bailee pays the bailor a fixed amount at the
No. For more information or assistance,
                                                 end of each shift. Maximum pay-in rates can
contact the OIR.
                                                 be downloaded from the OIR website.
Permanent or casual?
                                                 Who chooses?
A permanent bailee is a driver who regularly
takes a taxi cab on bailment from the same       The driver. A bailor shall give to any bailee an
bailor for:                                      election form as set out in Schedule 1,
                                                 Election form – Method of Payment for Taxi
•   five shifts per week; or                     Drivers, of Part A of the Determination.
•   at least 220 night shifts per year.
                                                 The bailee completes and signs the election
A casual bailee is not a permanent driver and    form and returns it to the bailor, before
is not entitled to any sick, annual or other     commencing the first shift and again within 90
leave.




    www.industrialrelations.nsw.gov.au |                  131 628 | September 2009
days from the date of the first bailment. The           Period of        Method I           Method II
bailor must give the bailee a receipted copy.           bailment

Are records required?                                   3-12 Months      4/48 of the        The rate set at
                                                                         bailee’s total     Item 3 Table 2 of
Yes. To comply with industrial relations laws           On termination   entitlement from   the
the bailor must keep records.                           of contract                         Determination.
                                                                         the chargeable
                                                                         fares.
What records must be kept?
                                                        12 Months        5 weeks equal to   5 weeks paid at
The bailor must generate and maintain copies                             5/47 of the        the rate set at
of the following records for six years:
                                                                         bailee’s total     Item 2 of Table 2
                                                                         entitlement from   of the
(1) GST compliant tax invoices with specified
                                                                         chargeable fares   Determination.
    particulars as outlined below
                                                                         during those
(2) records relating to the calculation and
                                                                         twelve months.
    payment of annual leave, sick leave, long
    service leave and payment for down time         These entitlements cannot be offset against lower
    entitlements of bailees                         pay-in rates.
(3) records relating to any monies deducted
    by the bailor or bonds deposited with the       Sick leave
    bailor by the bailee                            In the first year of bailment a permanent
(4) all Schedule I elections forms                  bailee is entitled to five days sick leave. Pro
(5) all Schedule II Driver Log Books forms          rata sick leave is not available until 55 shifts
    (as completed by the bailee)                    have been completed. In the second and
(6) receipts for each payment made by the           subsequent years of bailment a bailee is
    bailee.                                         entitled to eight days sick leave. Untaken sick
Invoices                                            leave accumulates.
The bailor must provide the bailee with a GST
compliant tax invoice no later than 14 days         Sick leave is paid differently depending on the
after the completion of each shift. Each tax        method of payment. For Method I the average
invoice can include more than one shift.            earnings per shift over the preceding three
                                                    months are used to work out the rate of sick
The tax invoice must include the following          pay. For Method II, the rate set at Item 4 of
information:                                        Table 2 of the Determination.
(a) name of the legal entity of the bailor
                                                    Long service leave
(b) the Australian Business Number (ABN) of
    the bailor                                      Permanent bailees that have served
(c) name of the bailee, and                         continuously with one bailor for at least five
(d) for each shift, the date of the shift and the   years, commencing on or after 1 February
    pay-in rate; and the total paid to the bailor   1972 are entitled to long service leave. Long
    by the bailee.                                  service leave is calculated in accordance with
                                                    the Long Service Leave Act 1955.
For bailees operating under Method I a
completed log book may constitute a tax             How is a bailment terminated?
invoice when signed by the bailor.
                                                    For a permanent bailee, a bailor must give
Are there provisions for leave in                   one week’s notice or payment in lieu of notice
the Determination?                                  is required. No notice is required for a casual
                                                    bailee.
Yes. The Determination provides for annual
leave, sick leave and long service leave.           Need more information?

Annual leave                                        To comply with industrial relations laws the
A permanent bailee is entitled to annual leave      bailor must display a copy of the
on completion of at least 220 night shifts or       Determination in a conspicuous place. For
230 shifts within a twelve month period or on       further information you can:
termination of contract. Annual leave is            •      call the OIR on 131 628 or
calculated differently depending on the choice      •      visit www.industrialrelations.nsw.gov.au
of method of payment.

				
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