ATIA ATIA Australian Taxi Industry Association 2013 ATIA’s MISSION STATEMENT ATIA LIFE MEMBERS Formed by the State and Territory 1976 N. S. Lake Associations to represent the taxi industry on Federal issues. 1986 C. H. Dwyer OAM 1988 R. L. Kermode AM, MBE Encourage the continued development of quality taxi services and build a 1988 F. A. Lang reputation that positions Australian taxi services at the forefront of world 1988 N. P. Hawke standards. 1990 K. K. Lambert OAM Utilise the annual Australian Taxi 1993 J. W. Kagan Conference to present to the industry the latest developments available in 1995 J. L. Bowe products and services. 1998 R. W. Morrow To encourage practices aimed at 1999 A. J. Goodridge providing for the safety, security and well being of all taxi industry 2001 K. B. Foley participants. 2002 J. J. McKeough OAM Attain the objectives of the association 2006 W. Sievers OAM through legitimate examination of legislation and regulations governing 2009 H. J. Harrison the operation of taxis. 2013 N. Sach Australian Taxi Industry Association Ltd ABN 45 008 664 980 PO Box 1388 North Lakes Qld 4509 p: (07) 3467 3560 f: (07) 3054 7227 www.atia.com.au TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................... 1! NOTICE OF ANNUAL GENERAL MEETING................................................................... 2! ATIA PRESIDENT’S REPORT......................................................................................... 3! ATIA CEO’S REPORT...................................................................................................... 4! NEW SOUTH WALES TAXI INDUSTRY ASSOCIATION REPORT ................................ 7! VICTORIAN TAXI ASSOCIATION REPORT ................................................................... 8! CANBERRA TAXI INDUSTRY ASSOCIATION REPORT................................................ 9! TAXI COUNCIL QUEENSLAND REPORT..................................................................... 10! TAXI COUNCIL SOUTH AUSTRALIA REPORT............................................................ 11! TAXI COUNCIL OF WESTERN AUSTRALIA REPORT ................................................ 12! TAXI COUNCIL OF THE NORTHERN TERRITORY REPORT ..................................... 14! DIRECTORS’ REPORT.................................................................................................. 16! DIRECTORS’ DECLARATION ....................................................................................... 19! INCOME STATEMENT .................................................................................................. 20! BALANCE SHEET.......................................................................................................... 21! CASH FLOW STATEMENT ........................................................................................... 22! STATEMENT OF CHANGES IN EQUITY ...................................................................... 22! NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS..................... 23! UNAUDITED DETAILED STATEMENT OF INCOME AND EXPENDITURE................. 26! INDEPENDENT AUDIT REPORT .................................................................................. 28! Page 1 AUSTRALIAN TAXI INDUSTRY ASSOCIATION NOTICE OF ANNUAL GENERAL MEETING Members are advised that the forty-fifth annual general meeting of the Australian Taxi Industry Association Limited will be held as follows - Date: Sunday, 30 March 2014 Time: 12 noon Venue: The Studio, Level 2 Crown Convention Centre Great Eastern Highway, Burswood Perth, Western Australia AGENDA 1. Confirmation of Minutes of the forty-fourth Annual General Meeting 2. President’s Report 3. Executive’s Report 4. Presentation of Financial Statements for the year ending 31 December 2013 5. Confirmation of subscriptions for 2015 6. Election of Executive Members (Messrs K Foley, B Wilkins and J McKeough to stand down by rotation, plus vacancy created by Mr W Sievers' resignation) 7. Election of Office Bearers 8. Determination of Honorariums 9. Confirmation of Auditor 10. Confirmation of conference venue city for 2015 Yours faithfully Blair Davies Company Secretary 25 February 2014 Page 2 AUSTRALIAN TAXI INDUSTRY ASSOCIATION ATIA PRESIDENT’S REPORT 2013, as with past years, again proved to be challenging for the taxi industry with very few of our jurisdictions escaping problem areas distracting, and in some cases, hindering ability to provide full attention to our travelling public. Sadly, the Victorian Taxi Industry Inquiry, rather than offering a way forward for the industry by Government created what appears to be both financial and operational difficulties for networks, taxi owners, lessees, and even bailee drivers. The Victorian Government’s decision to reduce the administration charge from 10% to 5% on credit card transactions in taxis appears to have been made without any serious analysis of the costs involved or the likely flow-on effects to other parts of the taxi industry. Surely when all of the ramifications of this decision are understood the government will need to reconsider its position. During the year a situation arose in Victoria where a Commissioner of the Fair Work Commission (Commissioner Ryan) ruled in favour of a taxi driver against a taxi operator, ruling that the driver was an employee of the operator and therefore entitled to all of the benefits and protections that accompany being an employee. The decision was both wrong in law and on the facts. Importantly, it was completely inconsistent with previous rulings of the Federal Court that rightly had determined the relationship between taxi drivers and taxi operators to be one of bailment and not employment. Your Board could not allow this decision to stand without challenge and accordingly an appeal was lodged to the Full Bench of the Fair Work Commission. Pleasingly, the Full Bench agreed that Commissioner Ryan had ruled incorrectly and accordingly quashed his decision. In summary, had Commissioner Ryan’s decision been allowed to stand the industrial landscape of the taxi industry nationally would have changed forever. Furthermore, it would have exacerbated the shortages of drivers that continue to cause widespread problems for our industry, especially given any relief by way of changes to the Migration Act appears to be no closer. John Bowe President ATIA Page 3 ATIA CEO’s REPORT implications. It potentially created uncertainty for the status of taxi bailment The Australian Taxi Industry Association agreements all across Australia. (ATIA), as the industry’s national peak On very short notice then, the ATIA representative body, performs two key Executive moved decisively to assist the roles – respective taxi operator to lodge and then 1. providing leadership on matters with prosecute an appeal to the FWC Full national application or significance; Bench. This was no trivial exercise due to and the relatively substantial costs involved 2. supporting member State/Territory and to the complex constraints applicable associations by facilitating the to FWC appeals. exchange of advice, expertise and Pleasingly for the operator, the ATIA and resources across jurisdictional the taxi industry in the broad, the FWC boundaries. Full Bench in December 2013 handed down its decision to uphold the appeal, This report presents the major activities quash the September FWC decision, and undertaken by the ATIA in 2013 under the dismiss the original application for unfair following headings: dismissal remedy. • Fair Work Commission decisions; • Disability Standards for Accessible Importantly, FWC Full Bench’s reasoning Public Transport; was insightful. At clause 13, they state, “… for there to be an employment • Taxi Rank Master Plans; relationship, certain fundamental elements • Smart Phone Taxi Booking Apps; must exist. An employment contract is, at • Lobbying; its essence, a work-wages bargain, so • Executive Committee; that the “irreducible minimum of mutual • International Memberships; and obligation” necessary to create such a • 2013 Australian Taxi Conference. contract is an obligation on the one side to perform the work or services that may FAIR WORK COMMISSION DECISIONS reasonably be demanded under the contract, and on the other side to pay for Coming as a complete and unexpected such work or services.” The FWC Full surprise to all within the industry, in Bench went on to conclude on the facts, September 2013 the Fair Work “… that those fundamental elements of an Commission (FWC) handed down a employment relationship did not exist.” decision that the relationship between a Melbourne taxi driver and his respective In addition to reasserting the accepted taxi operator was one of employment common law position, the reasoning rather than bailment, and as a supplied by FWC Full Bench for its consequence, the FWC had jurisdiction to decision provides helpful further hear a claim by the driver for unfair clarification of the differences between dismissal. bailment and employment relationships. This FWC decision effectively sought to The transcript of the Full Bench’s decision overturn the prevailing and accepted can be found on the FWC website common law position that taxi bailment (http://www.fwc.gov.au/decisionssigned/ht agreements were distinguishable from, ml/2013FWCFB9339.htm). and inconsistent with, employment contracts (or contracts of service). It also Having re-established certainty in relation effectively sought to set aside, and/or to their legal status,