Radio Cabs (Wagga) Co-operative Society Ltd - s.87B undertaking

Radio Cabs (Wagga) Co-Operative Society Limited is registered as a co-operative under the Co-Operatives Act 1992 (NSW). The Co-operatives principal activity is the provision of radio network services to taxi cab owners and operators. In March 1998 the Commission became aware that the Co-Operative Board resolved to enforce a ban on private bookings, including bookings taken by mobile phone, by penalising drivers caught doing a job other than one allocated by the base. The driver concerned would be penalised 1000 kilometres and would not be allocated any trips from the trip board for a period of 12 months. The ban on private bookings was also particularised in the Radio Cabs (Wagga) Co-Operative Society Limited Drivers Guide. Also in February and March 1998 the Co-Operative maintained a "trip board" system to allocate trips to taxi drivers via a roster system, taking into account the aggregate kilometres travelled by the driver in question. The Commission formed the view that the system contravened sections 45 and 46 of the Trade Practices Act. Subsequent to the Commission informing the Co-Operative of its concerns, the Co-Operative Board decided to remove the penalty for private bookings and to remove the requirement that all bookings must be placed with the Base by radio or phone. In addition, the Board decided to dismantle the trip board system and to discontinue the maintenance of the roster system. In order to address the Commissions concerns, the Co-Operative undertook, in accordance with section 87B of the Act, to ensure that no owner, driver of lessee who uses a mobile phone in connection with their taxi cab is denied access to the Co-Operatives radio network, or penalised for using a mobile phone, or penalised for making a private booking. The Co-Operative agreed to refrain from introducing a trip board system for out of town work, or any other system administered by the Co-Operative which prevents the allocation of this work to the nearest available taxi. The Co-Operative also agreed to not use a roster system, and to inform its owners, lessees and drivers, by letter, of the terms of this undertaking. The Co-Operative also agreed to implement a trade practices compliance program and to amend its Drivers Guide.