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INDUSTRIAL RELATIONS ACT 1996 - SECT 312

Jurisdiction of Commission with respect to contracts of bailment

312 Jurisdiction of Commission with respect to contracts of bailment

(1) The Commission may inquire into any matter arising under contracts of bailment and may make a contract determination with respect to any of the following matters under those contracts--
(a) the remuneration of bailees under those contracts (including by way of a minimum rate of commission expressed as a percentage of the chargeable fares earned),
(b) the amounts (if any) to be paid by the bailor to the bailee as attendance money when the bailee is required to attend at a place where the public vehicle concerned is to be bailed to the bailee but no such bailment takes place and for special duties such as preparing and driving a public vehicle to a registering or licensing authority for inspection,
(c) annual or other holidays, sick leave and long service leave for the bailee or payments to the bailee instead of any such leave,
(d) the minimum number of hours per day, per week or for any longer period during which the bailor is to bail the vehicle, if drivable, to the bailee,
(e) if satisfied that it is imperative to do so in the interest of bailors, bailees and the public--the maximum number of hours per day, per week or for any longer period that a bailee may drive a public vehicle,
(f) other conditions.
(2) Subsection (1) (a) does not authorise the Commission to fix penalty rates of commission in relation to excess hours of work or work on specified days but, in fixing a rate of commission under subsection (1) (a), the Commission may take into account all the circumstances in which a public vehicle is driven for reward.
(3) The Commission may, after inquiry, make a contract determination with respect to the records to be kept by bailors in respect of contracts of bailment. Any such determination is subject to any regulations with respect to the matter.



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