BORAL RESOURCES (NSW) PTY LIMITED SYDNEY METROPOLITAN CONCRETE CONTRACT DETERMINATION

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Resources (New South Wales) Pty Limited.

 

(No. IRC 132 of 2005)

 

 

Contract deTErmination

 

Preamble

 

A.        Since in or about January 1995, Boral has engaged carriers to perform the work of carriage of concrete in the Sydney Metropolitan Area under the terms of a:

 

(a)        head contract of carriage deed (Head Contract); and

 

(b)        contract of carriage agreement made and registered in or about January 1995 under section 675 of the Industrial Relations Act 1991 (NSW) (Agreement).

 

B.         The assignable term of the Head Contract expires on 11 January 2005.  The term of the Agreement has expired but it currently remains in force under the Industrial Relations Act 1996 (NSW).

 

C.         Boral and the TWU and carriers engaged by Boral have conducted negotiations in relation to terms for a new head contract (New Head Contract) to replace the Head Contract and Boral and the TWU have conducted negotiations in relation to terms for a new contract determination to be made on termination of and to replace the Agreement.  This is that contract determination.

 

D.         Boral and some carriers have agreed on terms for a New Head Contract to commence operation on or about 11 January 2005 and other carriers will leave Boral's current carrier fleet progressively during the period from 11 January 2005 to 30 April 2005 (Transition Period).

 

E.         Boral and the TWU have agreed that the Head Contract and the Agreement are to be terminated and that this contract determination will regulate terms and conditions as follows:

 

(a)        Part A will regulate terms and conditions during the Transition Period and will cease to operate on 30 April 2005 which is the last day of the Transition Period (Part A represents terms and conditions previously contained in the Agreement together with some further changes agreed by Boral and the TWU to deal with the Transition Period);

 

(b)        Part B will come into operation on 1 May 2005 and will regulate terms and conditions after the Transition Period.

 

F.         The purpose of this introduction is to explain the background to this contract determination.  The Head Contract and New Head Contract do not form part of this contract determination.

 

 

 

 

 

 

 

 

Part A

 

Arrangement

 

Clause No.          Subject Matter

 

1.          Interpretation

1.1        Definitions

1.2        Interpretation

2.          Area Incidence And Duration

3.         Clause Deleted

4.         Cartage Rate Structure

4.1        Deleted

4.2        Deleted

4.3        Deleted

4.4        Benefits Included In The Cartage Rates

4.5        Haulage Area

4.6        Cartage Zones

4.7        Minimum Load

4.8        Mixing In The Yard

4.9        Normal Delivery Hours

4.10      Waiting Time

4.11      Stand By Time Payment

4.12      Call-Out Fee

4.13      Out Of Hours Surcharges

4.14      Multiple Discharge Points And Customers

4.15      Diverted Loads

4.16      Left Over Concrete

4.17      Awaiting Diversion Advice

4.18      Road And Bridge Tolls

5.         Minimum Productivity Volume

6.         Cartage Accounts

7.         Living Away From Home Allowance

8.         Statutory Requirements And Insurance

9.         Loading

9.1        Size

9.2        Daily Loading Procedure

10.       Hazardous Approach To Job Site

10.1      Hazardous Approach            

10.2      Bogged Vehicles

11.       Availability Of A Suitable Vehicle

12.       Responsibility For Load

13.       Breakdowns

14.       Communication Equipment

15.       Provision Of Mixer

16.       Mixer Care And Maintenance

17.       Painting And/Or Signwriting Of The Mobile Unit

18.       Union Membership And Delegates

19.       Manning

20.       Uniforms

21.       Amenities

22.       Fleet Size Variations

23.       Development And Training

24.       Grievance And Disputes Procedure

25.       Standard Rules And Conditions

26.       Occupational Health And Safety And Continuous Improvement Process

27.       Rostering And Equal Opportunity For Work

28.       Concrete Cartage In Alternative Vehicles

29.       Plant Stored Operator's Equipment

30.       Clause Deleted

30A.     Clause Deleted

31.       Clause Deleted

32.       Clause Deleted

33.       Environment Protection And Pollution Control

33.1      Operational Procedures

33.2      Boral And Carrier's Liability

34.       Finance/Purchasing

35.       Company Future

36.       Code Of Conduct And Operation Manual

 

Schedule

 

Appendix 1 - Deleted

Appendix 2 - Deleted

Appendix 3 - Deleted

Appendix 3A - Deleted

Appendix 4 - Deleted

Appendix 4A - Deleted

Appendix 4B - Deleted

Appendix 5

Appendix 5A

Appendix 6 - Deleted

Appendix 6A

Appendix 7

Appendix 8

 

1.  Interpretation

 

1.1        Definitions

 

The following definitions apply in this document.

 

"Act" shall mean the Industrial Relations Act 1996.

 

"Award" shall mean the Transport Industry - Mixed Enterprises (State) Award as varied from time to time.

 

"Boral" shall mean the Principal Contractor in this Agreement who is Boral Resources (NSW) Pty Limited.

 

"Code of Conduct" shall mean the code referred to in Clause 36.

 

"Commission" means the Industrial Relations Commission of New South Wales.

 

"Concrete" shall mean a product whether mixed, blended or batched, that contains (but is not limited to) as a minimum: cement, aggregate, sand and water, mortar containing cement sand and water; grout containing cement, sand and water; slurry containing cement and water; or binders containing cement and sand -  this definition is not contingent on the method of production, laying or description of the finished product.

 

"Conduct Committee" shall mean the committee formed for the purpose of reviewing day to day operations associated with the Code of Conduct and its efficient operation.  Representatives of Operators on the Conduct Committee will be elected from time to time for a term not exceeding two (2) years, by you.  Representatives of Boral will be selected by Boral.

 

"Consultative Committee" shall mean the committee formed for the purpose of reviewing day to day operations associated with this Part A and its smooth operation.  Your Representatives will be elected for a term not exceeding two (2) years, by you.  Boral Representatives will be selected by Boral.

 

"Contract of Carriage" shall mean as defined in the Act.

 

"Contract Determination" means this contract determination.

 

"Cyclic Roster" means a roster made up of truck numbers which dictates the selection of a particular vehicle for a function and is addressed from the first truck number to the last;

 

(a)        when the roster has been fully addressed, the roster then changes so that the truck number that was first becomes last while the truck number that was previously second then becomes first and each truck number is moved up one position in turn, and so on; and

 

(b)       each Operator shall start the day, when not rostered off, in order of a single cyclic roster and thereafter in order of return to plant.

 

"Mini truck" shall mean a truck with an agitator that has a mixing capacity of 2.8m3 or less.

 

"Mixer" shall also mean agitator and vice versa.

 

"Operator" or "Carrier" shall mean a single operator owner driver trading as an incorporated body, and its successors and assigns who carry out a Contract of Carriage with Boral.

 

"Own or Ownership" shall in relation to a Mixer mean any circumstance where the Operator provides the mixer instead of Boral.

 

"Part A" shall mean Part A of this Contract Determination. "Part B shall mean Part B of this Contract Determination.

 

"Practicable" shall for the purposes of clause 4.6 and 4.18 mean open to general traffic.

 

"Principal Contractor" shall mean Boral and its assigns.

 

"Short Term Operator" means any operator engaged for a term not exceeding six (6) months for the purposes of Clause 22.

 

"Sydney Metropolitan Area" is for the purpose of this Part A, limited to the area in which concrete is produced within the following boundaries:

 

Stanwell Tops, Bulli, Mount Ousley, Appin, Razorback, Warragamba, Emu Plains, Sackville, Hawkesbury Bridge, Terry Hills, Palm Beach.

 

"Union" shall mean the Transport Workers' Union of New South Wales or its representative.

 

"Vehicle" may mean truck and mixer or truck only.

 

"Written authority" shall mean any approved document that bears the signature of the Carrier or Boral as the case may be.

 

"You" and "Your" means any and all operators.

 

1.2        Interpretation

 

(a)        Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number.

 

(b)        The masculine gender shall include the feminine and neuter genders.

(c)        Except where otherwise specified, clause references are to clauses of Part A and not to Part B.

 

2.  Area Incidence and Duration

 

2.1        This Part A will operate with respect to contracts of carriage between Boral and its Operators engaged at concrete batching plants throughout the Sydney Metropolitan Area.

 

2.2        This Part A will:

 

(a)        apply to the exclusion of the Transport Industry Concrete Haulage Contract Determination.  Vol 260 published 30.11.90 as varied or replaced from time to time;

 

(b)        be read and construed in conjunction with the Boral GST Protocol (Facilitation and Compliance) Contract Determination.

 

2.3        This Contract Determination will operate in accordance with its terms from the beginning of the first pay period to commence on or after 8 April 2005 and have a nominal term of three (3) years.  The nominal term expires on 8 April 2008.

 

2.4        This Part A will cease to operate on 30 April 2005, when Part B will come into operation.

 

3.  Clause Deleted

 

4.  Cartage Rate Structure

 

4.1        While this Part A has effect, cartage rates will be those set out in this clause 5 and no adjustment will occur until the commencement of, and in accordance with the terms of, Part B.

 

4.2        Where Boral provides the mixer, Boral shall pay you in accordance with the Rate Structure set out in Appendix 5.

 

4.3        Where you own the mixer, Boral shall pay you in accordance with the Rate Structure set out in Appendix 5A.

 

4.4        Deleted

 

4.5        Benefits Included in the Cartage Rates

 

The following payments are provided for in the rates payable to you under this Part A:

 

(a)        all benefits and entitlements under the Award; and

 

(b)        leave entitlements as follows:

 

(i)         20 days annual leave and, in addition, the annual leave loading as prescribed in the Award;

 

(ii)        10 public holidays - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Union Picnic Day;

 

(iii)       34.8 hours of long service leave per annum;

 

(iv)      64 hours sick leave per annum in accordance with the Award;

 

(v)       16 hours bereavement leave;

 

(vi)      RDO - 13 per annum leave;

 

 

(vii)     superannuation at the rate of 5%.

 

The above leave entitlements are provided for in the rates contained in Appendices 5 and 5A, as applicable.  You may take the leave entitlements in accordance with the Award but, if required by Boral, your truck must be available with a relief driver when you are taking the above entitlements.  Boral will not, if the utilisation rate falls below 4250m3 per annum, require you to provide a relief driver when on approved leave.

 

4.6        Haulage Area

 

You shall haul concrete as required, from Boral's plants.  You shall normally work for a period of time from a nominated plant, or other plants in accordance with the requirements of Boral.

 

4.7        Cartage Zones

 

Cartage Zones shall be based on an agreed map, displayed at the plant (and available for inspection by you) or a street directory or computerised distance data base.

 

Any dispute arising in relation to the actual zones to be paid to you shall be resolved within two working days between Boral's representative and you or your representative by jointly measuring the actual distance travelled, in a mutually agreed vehicle, from the loading point to the discharge point via the shortest practicable route.

 

4.8        Minimum Load

 

You shall be guaranteed a minimum load of three (3) cubic metres or a minimum payment on the basis of three (3) cubic metres for the first five (5) kilometres or part thereof, that the load is carried from the plant.

 

4.9        Mixing in the Yard

 

Where Boral provides you with the mixer you will be paid a fee of "B" of Appendix 5 per load to mix and discharge concrete within the boundaries of the plant.  Loads above 3.0 cubic metres will be paid the utilisation rate at a 5km minimum.

 

4.9A    Mixing in the Yard - Mixer Ownership

 

Where you own the mixer you will be paid a fee of "B" of Appendix 5A per load to mix and discharge concrete within the boundaries of the plant.  Any loads above three (3.0) cubic metres to be paid at the five (5) kilometre minimum utilisation rate plus mixer and painting rate.

 

4.10      Normal Delivery Hours

 

Normal hours shall be 6.00 am to 5.00 pm Monday to Friday and 6.00am to 1.00pm Saturday.  For the determinations made under this clause, time shall be of the time of completed loading.  It is your responsibility to ensure that the load is correctly mixed and of the desired consistency to achieve the specified slump on site, prior to leaving the plant.  Should the load not be mixed to its desired consistency due to batching error, the delivery docket will be re‑stamped upon the load reaching the required consistency in conformity with Boral's required specifications.

 

4.11      Waiting Time

 

You will be paid at the rate prescribed in item "C" of Appendix 5 for all time spent on site awaiting to discharge the load which is beyond the following scale.  Such payment will be calculated at completed minute intervals.

 

Up to	3 cubic metres	after 30 minutes
	4 cubic metres	after 35 minutes
	5 cubic metres	after 40 minutes
	6 cubic metres	after 45 minutes
	7 cubic metres	after 50 minutes

 

4.12      Stand By Time Payment

 

Where you are required by Boral to remain at the plant to make a delivery to a job commencing after normal delivery hours, for more than half of one hour, Standby time will be paid at a rate of "D" of Appendix 5 for each completed half hour following the expiration of the initial half hour.  Standby time is only applicable outside normal working hours before receiving the initial load and also between loads.  After the expiration of one half hour but only payable after each additional completed half hour.  You must be on standby for a minimum of twenty nine (29) minutes before being entitled to a payment of "D" of Appendix 5 for the initial load. After the initial load, payment is only applicable after the expiration of eighty nine (89) minutes between loads.

 

Example 1

 

You are required to remain at the plant until 6.00pm on Monday afternoon.  You receive your first load at 6.00pm and return to the plant at 7.00pm and are loaded again at 8.25pm.  The entitlement in the above example is: 5.00pm to 5.30pm, no payment (initial half hour).  Standby time of 1 x "D" (5.30pm to 6.00pm), no Standby time between 7.00pm and 8.25pm, however should this second load have been batched at 8.30pm, your entitlement would be: 7.00pm to 8.00pm, no payment (initial hour) and 1 x "D" from 8.00pm to 8.30pm.

 

4.13      Call-out Fee

 

When you are called back after Normal Delivery Hours you shall receive a minimum of 8 x "D" of Appendix 5.  When surcharges amount to 8 x "D", then 8 x "D" is no longer applicable.  Until surcharges equal 8 x "D", the difference between the surcharge paid and 8 x "D" will be paid to you as a Call out fee.  Where you are called back and you do not receive a load after normal delivery hours, you shall be paid a Call out fee of 8 x "D".

 

Example 1 (Boral owns mixer)

 

You are required to be at the plant at 11.00pm Saturday and receive your load at 11.05pm of 3.0cubic metres to five kilometres, cartage payment of applicable utilisation rate plus Surcharge "E" $32.03.  Minimum payment 8 x "D" = $106.24 minus $32.03 = $74.21.

 

		$
You receive =		45.33	(Utilisation rate@ 4,800 cubic metres)
		32.03	(Applicable surcharge, 2.5 x "E")
		74.21	(Note, call out fee equals difference between 8 x "D" and
			surcharges).
	Total =	$151.57

 

Example 2 (Boral owns mixer)

 

You are required to be at the plant at 11.00pm Saturday and do not receive the first load until 1.00am, when you receive a load of 3.0 cubic metres to five kilometres.  You are also entitled to 3 x "D" for Standby time between 12.00 pm midnight and 1.00 am of $39.84, cartage payment of $45.33 plus surcharge of $32.03.  Minimum payment 8 x "D" = $106.24 minus $32.03 = $74.21.

 

		$
You receive=		45.33	(Utilisation rate @ 4,800 cubic metres)
		32.03	(Applicable surcharge rate)
		74.21	(Call out fee)
		39.84	(3 x "D")
	Total =	$191.41

 

 

4.14      Out of Hours Surcharges

 

Out of hours surcharge per cubic metre are based on the payment of item "E" in Appendix 5 on the following basis:

 

Monday to Friday	6.00 am to 5.00 pm	Nil
	5.00 pm to 6.00 am	1.5E
Saturday	6.00 am to 1.00 pm	Nil
	1 pm to 5.00 pm	1.5E
Saturday	5.00 pm to Mon 6 am	2.5E
Public Holiday		2.5E

 

4.15      Multiple Discharge Points and Customers

 

(b)        Multiple Discharge Points

 

Payment for haulage covers the total distance travelled.  Unloading time will commence from the start of unloading at the first point and will continue until the final completion of unloading when drops are within one (1) kilometre.  Over one (1)km, the total of the additional km travelled will be added to the ticket and paid as if the original load was carried for the entire distance plus waiting time, if applicable, commencing from the arrival at the first delivery point.  Waiting time is only applicable after the expiration of the appropriate time allowance as in Clause 4.10.

 

(c)        Multiple Customers

 

Each delivery shall be treated for the purpose of payment of cartage as if a separate delivery had been made from the plant to each delivery point.

 

4.16      Diverted Loads

 

(a)        Direct Diversion - Where a load is diverted en route you will be paid normal cartage rates covering the total distance travelled from initial departure from the plant to the ultimate delivery point of the load, plus waiting time payment whilst awaiting diversion advice.

 

(b)        Return to Plant and divert - It is thereafter treated as a new load.

 

(c)        Return to Plant and Dumped - It shall be paid for as in Clause 4.16.

 

(d)        Return to Plant and subsequently dumped outside plant - Where Boral directs any quantity of left over concrete that had been agitated in the yard to be taken to another site and dumped, you will be paid at the rate specified in item "A" of Appendix 5 (or where applicable Appendix 5A) per kilometre with a minimum of 3 cubic metres and a 5 kilometre minimum.

 

4.17      Left Over Concrete

 

All concrete remains the property of Boral and accordingly Boral reserves the right to direct where concrete is to be taken or if and where it is to be dumped. You shall contact the plant for instructions as soon as possible in this regard.

 

No payment shall be made when concrete is dumped in the vicinity of the job site.

 

 

 

 

 

When 3.0 cubic metres or more of concrete is left over from a job, return cartage shall be paid at the rate specified in item "A" of Appendix 5 (or where applicable Appendix 5A) per kilometre with a minimum of 3 cubic metres and a 5 kilometre minimum with the following exceptions pertaining to quantities of less than 3.0 cubic metres:

 

(a)        where the load taken out is not required;

 

(b)        where the load is rejected at the job site due to product fault;

 

(c)        where a truck is used to dispose of left-over concrete, such as a result of pump line "blow back", quantity to be no less than 0.8 m3;

 

(d)        where the concrete is not returned to the "source" plant.

In all cases of (a), (b), (c) and (d), return cartage shall be paid with a minimum 3.0 cubic metre and a five (5) kilometre minimum.

 

4.18      Awaiting Diversion Advice

 

Where Boral provides you with the mixer and you are required to agitate any quantity of concrete within the plant you will be paid at the rate of "G" of Appendix 5 per completed 15 minutes whilst awaiting diversion advice.

 

4.17A  Mixer Ownership

 

Where you own the mixer and you are required to agitate any quantity of concrete within the plant you will be paid at the rate of "G" of Appendix 5A per completed 15 minutes whilst awaiting diversion advice.

 

4.19      Road and Bridge Tolls

 

Where you are required to pay a road and/or bridge toll whilst performing work under this Part A then such road and/or bridge toll shall be paid prior to the journey by Boral.  Provided that both the outward and return journey are travelled by the shortest practicable route.  This includes daily plant transfers.

 

5.  Minimum Productivity Volume

 

5.1        Boral will ensure that your minimum productivity volume carried per annum, calculated as at 31st December 1995 and thereafter at 30th June each subsequent year, shall be 3,000 cubic metres at the 3,000 cubic metre base rate.  Should you own the mixer, the base rate is inclusive of the mixer volume rate plus the truck and mixer painting rate.

 

5.2        In the event that you do not achieve the level of productivity in Clause 5.1 Boral will adjust your earnings to effect a deemed volume carried of 3,000 cubic metres at the base rate.

 

5.3        Provided that where you have not made your vehicle available during the twelve (12) month period in Clause 5.1 on other than approved forms of absence, the deemed volume shall be adjusted downwards by twelve (12) cubic metres for each day so absent.

 

6.  Cartage Accounts

 

6.1

 

(a)        Boral shall prepare cartage accounts in accordance with dockets issued by Boral to you during the course of the accounting period.

 

(b)        Your accounts, as prepared by Boral, shall be itemised on a daily basis which shall include date, docket numbers, quantity of loads, kilometres, extra payments, amount per load and job address.

 

(c)        Kilometres, trips, cubic meterage and earnings shall be totalled individually at the conclusion of the accounting period.  The gross cartage figure should be shown, and any agreed deductions, eg. income adjustments, fully itemised and a net figure then shown.

 

(d)        The accounting period shall be two periods during each calendar month.  The first period being 1st to the 15th, and the second period being 16th to the end of the calendar month.

 

(e)        Cartage accounts shall be paid by electronic transfer between you and Boral within ten (10) working days following the end of each accounting period.

 

6.2

 

(a)        Account discrepancies relating to the immediately preceding pay period shall be settled promptly and in no case later than fourteen (14) days from the date of your written submission.

 

(b)        Account discrepancies relating to other than the immediately preceding pay period and up to twelve (12) months previous shall be settled within thirty (30) days from the date of written submission of the discrepancy.  Over one year account discrepancies are to be settled as soon as possible.

 

(c)        Where, following settlement of an account discrepancy, an adjustment to payments is required, then such adjustment shall be made in the pay period following settlement.

 

6.3

 

(a)        Where an Operator purchases any item other than fuel from time to time from Boral, or where goods are purchased on your behalf by Boral, Boral may deduct from your cartage payments an amount equal to the value of the purchase provided Boral has written authorisation to make such deduction.  No purchases are to be made on Boral's account without prior written approval.

 

(b)        Boral may deduct from your cartage payments an amount equal to the value of any fuel purchased from Boral.  The cost of the fuel shall not be adjusted retrospectively.

 

(c)        When you are overpaid, Boral shall submit an adjustment account to you which shall be determined within fourteen (14) days from the date of submission for the immediately preceding pay period or thirty (30) days for all other claims.

 

(d)        Following determination of (c) the deduction shall be from the next cartage payment due.

 

(e)

 

(i)         The Operators authorise Boral to deduct from their cartage payments, on or about 1^st July in each year during the term of their engagement by Boral, an amount determined from time to time by the Operators in general meeting.

 

(ii)        Boral shall remit the amount deducted to the Operators appointed secretary, who shall bank the amount into an administration account.

 

(iii)       The Operators shall utilise the funds in the account to assist in the administration of this Part A, eg. payment for committee members attendance at code of conduct and consultative committees or rate structure meetings.

 

(f)         No other deductions can be made from your account without your prior written approval.

 

7  Living Away from Home Allowance

 

7.1        When you are engaged in work which precludes you from reaching your usual place of residence at night you shall receive the benefits and conditions as detailed in the Award.  This sub-clause shall not apply to movements within the metropolitan areas of Sydney.

7.2        Where you are required to transfer to a working area which precludes you from returning to your normal place of residence each night, Boral wherever possible shall provide you with at least twenty four (24) hours prior notice of the request.

 

7.3        Where you are transferred outside the normal working area, such transfer shall be for a period not exceeding seven (7) days duration or longer by mutual agreement and shall be done from a cyclic transfer roster.

 

7.4

 

(a)        Transfer payments in addition shall be paid at the rate of item "F" of Appendix 5 per km or part thereof that you are required to travel to and from the directed transfer location.

 

(b)        A transfer docket must be issued by Boral to you prior to departure, wherever possible, otherwise on arrival at the destination.

 

(c)        Should a transfer be cancelled or redirected the relevant transfer docket shall be adjusted by Boral immediately on your return to the plant from which you were originally transferred.

 

8.  Statutory Requirements and Insurance

 

8.1

 

(a)        You shall comply with the provisions of all current relevant statutes and regulations made thereunder in relation to the use or operation of your motor lorry and you shall ensure payment of all lawful fees, licences and taxes in relation thereto.

 

(b)        Any variation in statutory requirements will vary the cartage rate accordingly.

 

8.2        Where Boral provides you with the mixer you shall arrange and keep current insurance cover whilst working under this Part A in respect of:

 

(a)        motor vehicle comprehensive or third party property;

 

(b)        motor vehicle compulsory third party;

 

(c)        worker's compensation for all employees, including casuals of your Company;

 

(d)        public liability cover to the value of $10 million;

 

(e)        public liability for agitator damage (extension).  $40,000 limit;

 

(f)         public liability for wrong delivery (extension).  $500,000 limit;

 

(g)        sickness and accident cover.

 

8.2A    Mixer Ownership

 

Where you own the mixer you shall arrange and keep current insurance cover whilst working under this Part A in respect of:

 

(a)        motor vehicle comprehensive or third party property;

 

(b)        motor vehicle compulsory third party;

 

(c)        worker's compensation for all employees, including casuals of your Company;

 

(d)        public liability cover to the value of $10 million;

 

(e)        public liability for wrong delivery (extension limit of $500,000);

 

(f)         sickness and accident cover.

 

8.3

 

(a)        All relevant insurance policies, registration certificates and driver licences are to be submitted to Boral for perusal and verification and return prior to the commencement of your engagement, thereafter upon demand within fourteen (14) days of request.

 

(b)        You will upon request provide photocopies of any of the above documentation, other than the drivers licence which will be produced for sighting and verification only.

 

9.  Loading

 

9.1        Size

 

(a)        The customer's requirements or technical requirements will determine the actual load size however Boral and the Operator are jointly committed to ensuring that the legal carrying capacity of the vehicle and the rated capacity of the mixer are not exceeded.

 

(b)        You shall be loaded to the maximum legal carrying capacity wherever possible, except in the case of a single load or message, or where a subsequent load would result in less than three (3) cubic metres being carried.

 

9.2        Daily Loading Procedure

 

The daily loading procedure is:

 

(a)        The initial daily starting order will be in accordance with a "cyclic roster".  (The cycle is that the first truck on one day goes to the end of the roster the next day; the second truck on that one day becomes first truck on the next day and so on.)

 

(b)        All vehicles will then be loaded in order of their return to the plant.

 

The exceptions to the above are:

 

(i)         mini mix loads (less than 3.0m3);

 

(ii)        single load or message greater than the mixer capacity or legal carrying capacity of the truck next in line

 

(iii)       trucks with returned concrete where it is impractical due to facility or time constraint to transfer the returned concrete to the next truck in line.

 

(c)        Boral's employee driven vehicles and Short Term Operators shall not be preferentially loaded.

 

(d)        Boral's employee driven vehicles shall participate in the cyclic roster as defined under Clause 9.2(a).

 

(e)        The initial loading time and the initial plant from which such loading is to occur shall be notified by Boral to you before the close of business on the previous day.

 

10.  Hazardous Approach to Job Site

 

10.1      Hazardous Approach

 

(a)        You shall have the right to refuse to enter upon ground which you consider unsafe or hazardous.  If you do refuse entry and the delivery is completed on that day by other vehicles without the use of additional equipment then you shall not be paid for the delivery or return cartage unless the load has been diverted to another job in which case your delivery to the alternate location shall be paid as if it were a new delivery from the plant where batched to the alternate location.

 

(b)        If you have notified the plant of the unsafe or hazardous job site and/or approach but attempt unsuccessfully to enter, you shall be paid the utilisation rate as if the delivery had been successful even if the delivery is ultimately completed, as stated in Clause 10.1(a).

 

(c)        In all cases if you refuse to enter and the delivery is not completed on that day without the use of additional equipment you will be paid the total cartage rate to the job site plus return cartage if the load is returned to the plant if instructed by Boral, unless the load is diverted to an alternate location in which you will be paid in accordance with Clause 4.15 Diverted Loads.

 

10.2      Bogged Vehicles

 

(a)        Where you go beyond the kerb to complete a delivery and your vehicle becomes bogged or is otherwise rendered inoperative as a consequence of such attempted delivery, Boral shall arrange the services of an experienced salvage contractor to extricate the vehicle as soon as practicable and shall bear all costs for those arrangements.

 

(b)        Boral shall ensure that the salvage contractor selected is covered by the appropriate insurance policy to rectify any damage that the salvage contractor may cause to your vehicle during the extrication process.

 

(c)        Provided further that the provisions of Clause 10.2(a) and (b) shall not apply where the vehicle becomes inoperative as direct result of your gross negligence.

 

10.3      You shall be responsible for damage to property or vehicle arising from off-kerb delivery. (NOTE: "Condition of sale" clause.)

 

11.  Availability of a Suitable Vehicle

 

11.1      The vehicle owned and operated by you is an integral part of Boral's business strategy.  It needs to reflect an image of quality and provide the level of performance and necessary reliability to consistently meet Boral's operating standards.

 

11.2      Boral will be promoting its Operator fleet (and services) on the basis of documented standards, responsible performance and professional responsibility.  You will maintain a log book which will record daily and periodical roadworthy checks of the vehicle.

 

11.3      It is your obligation on each working day unless rostered off, to personally supply, man, or have manned by approval, operate, and keep serviceable, the vehicle.  Any variation to this obligation will require agreement by both you and Boral.

 

11.4      No vehicle shall be brought into service without prior notification in writing by you and approval by Boral.  When you introduce a vehicle into Boral's fleet and the mixer is fitted, tare and gross weight certificates from a registered weighbridge must be provided by you to Boral.  Where there is any subsequent change to the vehicle (eg. new mixer/modifications etc.), tare and gross weight certificates from a registered weighbridge will be provided again, by you to Boral.

 

11.5      Boral will pay the costs of any weighbridge certificates and transfer fees incurred in obtaining such certificates.  All weighing to be conducted at a mutually agreeable time.

 

11.6      Where Boral provides you with the mixer the legal carrying capacity of a suitable vehicle for the determination made under Clause 11.10(a) shall be based on:

 

(a)        the provision by Boral of an agitator not weighing in excess of 2200kgs plus an allowance of 200kgs for water and oil; and

 

(b)        the nominal mass of normal class 25Mpa (N25 under AS 1379) being 2300kgs; and

 

(c)        the mass of the vehicle.

 

11.6A  Mixer Ownership

 

Where you own the mixer the legal carrying capacity of a suitable vehicle for the determinations made under Clause 11.10(a) shall be based on:

 

(a)        the nominal mass of normal class 25Mpa (N25 under AS 1379) being 2300kgs; and

 

(b)        the mass of the vehicle.

 

11.7      An unserviceable vehicle shall be repaired as soon as practicable.

 

11.8      Where you are unable to report for work with your vehicle you shall arrange for Boral to be informed at the earliest possible moment of the reason and the anticipated period of absence.

 

11.9      Where Boral provides you with the mixer and you are required to submit your vehicle to the Road & Traffic Authority for annual inspection, you shall inform Boral four (4) weeks prior to your registration renewal date or on receipt of your inspection notification, whichever is the earlier.

 

Subject to Clause 16.3, if a reinspection is required due solely to a defective agitator, then a transfer fee of item "F" of Appendix 5 per km or part thereof will be paid by Boral to you for the distance travelled to the nominated inspection station from the base plant plus any inspection fees payable.  In addition Boral will pay you at the rate of item "K" of Appendix 5 per hour or part thereof for all time lost each day that you are prevented from your duties pursuant to this Part A to a maximum of eight (8) hours each day.

 

11.9A  Mixer Ownership

 

Where you own the mixer and you are required to submit your vehicle to the Road & Traffic Authority for annual inspection, you shall inform Boral four (4) weeks prior to your registration renewal date or on receipt of your inspection notification, whichever is the earlier.

 

11.10    Vehicle Configuration

 

In accepting to be engaged by Boral, where Boral provides the Operator with the mixer, each and all Operators agree on the following:

 

(a)        the Operator fleet will standardise on rear PTO 6 wheeler vehicles capable of carrying 6 cubic metres with a lightweight mixer.  A limited number of rear PTO 8 wheeler vehicles capable of carting 7 cubic metres with a lightweight mixer may also be considered.  Boral will also consider approval of a limited number of modified (shortened) rear PTO 8 wheeler vehicles capable of carrying minimum 6 cubic metres with a lightweight mixer and six wheelers capable of carrying a minimum of 5.6 cubic metres with a lightweight mixer.  These six wheelers will be limited to those existing within the fleet, as at 21st June, 1994;

 

(b)        all trucks must be upgraded to the standard configuration within thirty (30) months of commencement of this Part A except:

 

(i)         that existing 6 wheelers capable of carrying a minimum 5.6 cubic metres with a lightweight mixer will be allowed an additional 30 months (i.e. a total of sixty (60) months) to upgrade to the required vehicle; and

 

(ii)        that this obligation does not apply to 8 wheeler vehicles approved under paragraph "(a)";

 

(c)        in the case of extreme financial hardship (proof whereof shall be upon you) Boral may agree to extend the period of compliance in Clause 11.10(b) above;

(d)        any current approved vehicle being replaced shall have a rear PTO so that Boral can attach all equipment necessary to operate its hydraulic agitator.  The boundary of your responsibility in this matter shall end at the provision of a bare power take-off drive shaft.

 

11.10A.            Mixer Ownership

 

In accepting to be engaged by Boral, where the Operator owns the mixer, each and all Operators agree on the following:

 

(a)        the Operator fleet will standardise on truck driven hydraulic 6 wheeler vehicles capable of carrying 6 cubic metres with a lightweight mixer.  A limited number of truck driven hydraulic 8 wheeler vehicles capable of carting 7 cubic metres with a lightweight mixer may also be considered.  Boral will also consider approval of a limited number of modified (shortened) truck driven hydraulic 8 wheeler vehicles capable of carrying minimum 6 cubic metres with a lightweight mixer and six wheelers capable of carrying a minimum of 5.6 cubic metres with a lightweight mixer.  These six wheelers will be limited to those existing within the fleet, as at 21^st June, 1994;

 

(b)        all trucks must be upgraded to the standard configuration within thirty (30) months of commencement of this Agreement except:

 

(i)         that existing 6 wheelers capable of carrying a minimum 5.6 cubic metres with a lightweight mixer will be allowed an additional 30 months (i.e. a total of sixty (60) months) to upgrade to the required vehicle; and

 

(ii)        that this obligation does not apply to 8 wheeler vehicles approved under paragraph "(a)";

 

(c)        in the case of extreme financial hardship (proof whereof shall be upon you) Boral may agree to extend the period of compliance in Clause 11.10A(b) above.

 

12.  Responsibility for Load

 

12.1      Boral shall ensure that the load is batched, with the intent that the quantity of water required to adjust the slump does not exceed 10% of the water batched to bring that load up to specification.

 

12.2      Boral shall provide you wherever possible with notice, of any changes to the source of concrete mix ingredients which are likely to affect the visual assessment of the slump.

 

12.3

 

(a)        You shall ensure that the load is properly mixed in accordance with the Carriers' Operating manual and that the slump of the concrete, immediately prior to discharge, is in accordance with the requirements of the last revision of Australian Standards 3600 and/or 1379.  These requirements currently are:

 

Specified Slump	Tolerance
Less than 60mm	+ or - 10mm
60mm up to and including 80mm	+ or - 15mm
Greater than 80mm up to and including 110mm	+ or - 20mm
Greater than 110mm	+ or - 30mm

 

(b)        Unless the above tolerances have been varied by negotiations (eg. for specific projects), you shall not be liable for rejection due to non compliance with lower tolerances.

 

(c)        If Boral has removed your right to adjust the slump of a load on the job site, and you are requested by a third party to adjust the slump of the load, and Boral approves such adjustment, and the load is rejected on the basis of water addition and/or non‑compliance with the nominated slump tolerance, then Boral shall pay you the utilisation rate for the load as if the load had not been rejected.

 

(d)        The mixer drum must be kept turning at all times when it contains concrete.

 

12.4

 

(a)        You shall visually inspect each load prior to leaving the plant and shall advise Boral of any apparent unusual features of the load which may have occurred due to batching error, plant failure, contamination or your error.

 

(b)        Subject to Clause 12.5, you shall not be responsible or have your cartage payment rejected or withheld due to undetected irregularities of the load which could not be reasonably detected.

 

12.5      When a load is rejected at a job site because the slump is outside the nominated tolerance contained herein, or you have not visually inspected the load prior to leaving the plant you shall not be paid for the cartage.

 

12.6      At the job site you shall make every reasonable endeavour to obtain a signature for delivery and it shall be your responsibility to contact the plant immediately by two-way radio when a problem arises to obtain a signature from the customer as required by Boral.

 

12.7

 

(a)        You shall make every endeavour to collect money from COD customers for all concrete charges, including waiting time.  All monies collected shall be submitted in full to the plant manager or allocatur as soon as possible on return to the plant.

 

(b)        Boral will not pay you the waiting time encountered with a COD customer if you have not requested payment for such waiting time from the customer.

 

12.8

 

(a)        You shall immediately advise Boral where practicable by two-way radio, or telephone if immediately available where a two-way radio is not provided, when a COD payment is not collected or a dispute arises between you and the customer.

 

(b)        Public telephone costs are to be reimbursed by Boral to you.

 

(c)        You are not required to carry a float for the purposes of providing a change facility.

 

(d)        You shall take all due care for any money collected.

 

12.9      Where a load is dumped you shall not be liable to compensate Boral unless the loss occurred as a direct result of your negligence or misconduct.

 

12.10    Subject to Clause 12.4(a), in the case of a delivery of concrete to a kerb making machine, you shall assume no responsibility for the slump of the load as it is delivered in an "as batched" condition.

 

12.11    Where a high range water reducer is added after batching, you are automatically absolved of any responsibility for the slump.

 

12.12

 

(a)        Where more than 0.8 of a cubic metre is returned and is re-used and is more than one and one half hours old, and topped up, Boral shall assume full responsibility for the load, thus excluding you from your responsibility for the slump of the load.

 

(b)        You shall assume responsibility for any breaches in vehicle legal load limits in relation to this matter as Boral has given you the discretion to dump any concrete from that topped-up load that you may deem to place you in breach of your vehicle's legal load limit.

 

12.13    Limit of Your Liability

 

Your liability for a breach of an obligation under Clause 12 shall not exceed the cartage payment for the load, provided that where such loss is as a result of your negligence, your maximum liability shall be up to the invoiced value of the material for the respective individual load.

 

13.  Breakdowns

 

13.1      Where Boral provides you with the mixer the following shall apply:

 

(a)

 

(i)         Neither Boral nor you shall be responsible to each other for any loss resulting from plant mixer and/or vehicle breakdowns.

 

(ii)        In the situation of a plant breakdown sufficient trucks should be transferred to the plant where the work is being diverted to, in order to provide sufficient customer service.

 

(iii)       Where it is likely that the plant is out of production for the rest of the day, then you will either be transferred or given permission to finish work for the day.  Such decision is to be made within two (2) hours of the initial breakdown.

 

(b)        You shall initially assist in every possible way to remove the concrete from the mixer when a breakdown of the mixer or your vehicle occurs under load.  You are not required to participate in the removal of hardened concrete from the agitator save for the operation and positioning of the agitator to assist in concrete removal.

 

13.1A  Mixer Ownership

 

Where you own the mixer the following shall apply:

 

(a)

 

(i)         Neither Boral nor you shall be responsible to each other for any loss resulting from plant mixer and/or vehicle breakdowns.

 

(ii)        In the situation of a plant breakdown sufficient trucks should be transferred to the plant where the work is being diverted to, in order to provide sufficient customer service.

 

(iii)       Where it is likely that the plant is out of production for the rest of the day, then you will either be transferred or given permission to finish work for the day.  Such decision to be made within two (2) hours of the initial breakdown.

 

(b)

 

(i)         Should a mixer breakdown occur, you will be responsible for the removal of the concrete.

 

(ii)        Boral and its staff will assist where possible and will make available facilities at the plants for hosing out mixers where serious breakdowns prevent the removal of concrete by any other means.

 

(c)        You have the right to pre-determine the load size of extremely high strength concrete or special mixes that could cause overloading of your mixer drive system.

 

 

14.  Communication Equipment

 

14.1      You shall agree to the installation of two-way radio and any other communication equipment required by Boral on your vehicle.  All equipment shall be installed by Boral's approved technician and such installation shall be of a professional standard.  The installation shall include all necessary equipment and the complete installation shall be undertaken at no cost to you.  Such equipment to be positioned to your satisfaction.

 

14.2      When such equipment is removed Boral shall make good the bodywork.

 

14.3      You shall take due care to ensure adequate protection of the equipment.

 

14.4      The equipment is to be operated and appropriate procedures are to be followed as laid down by Boral.

 

14.5      Boral shall be responsible for the maintenance of the two-way radio and other communication equipment.

 

14.6      Boral shall provide to you at no cost to you, all necessary equipment required to operate all equipment installed in the vehicle as required by Boral.

 

15.  Provision of Mixer

 

This clause shall apply unless clause 15A applies:

 

15.1

 

(a)        Boral shall be responsible for the provision of a mixer with a mixing capacity of not less than 6 cubic metres and its safe and proper initial fitting to your vehicle in accordance with the specifications of the respective manufacturer's including the supply of "U" bolts, clearance lights, mud flaps and a protective chassis/mixer cover plate mutually acceptable to Boral and you.

 

(b)        If a mixer is required by Boral to be removed at any time for any reason, the total cost of mixer removal and replacement shall be borne by Boral.

 

(c)        If a mixer is required by you to be removed to effect repairs that cannot be otherwise effected without the removal of the mixer, then the total cost of the mixer removal and replacement shall be borne by Boral provided that such repairs are not for the purpose of inspection, sandblasting, or modifying the truck chassis.

 

15.2      After the initial fitting referred to in Clause 15.1(a) hereof you shall be responsible for the mixer being properly secured to the vehicle.  You shall be responsible for all maintenance and replacement of clearance lights, globes and mud flaps and statutory signs.  Mud flaps shall be supplied to you by Boral free of charge.

 

15.3      By mutual agreement you may have the U bolts adjusted by a qualified mechanic and the costs incurred shall be paid by Boral provided that Boral's workshop shall have the opportunity of undertaking the adjustments.  Appropriate transfer fees to be paid.

 

15.4

 

(a)        The mixer shall remain the property of Boral and on completion of its use at the termination of your engagement shall be removed by Boral at a location nominated by Boral at a time mutually agreed between you and Boral but in any event, within forty eight (48) hours.

 

(b)        Boral shall pay to you a transfer at the rate of item "F" of Appendix 5 per km or part thereof to and from the nominated location.

 

(c)        You shall be paid at the rate of item "I" of Appendix 5 per hour by Boral for such time involved in the removal of the mixer from your vehicle where such time involved is for a period greater than four (4) hours at the nominated location.

 

15.5      Hydraulic Mixers

 

(a)        Boral shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take-off unit.

 

(b)        All modification and fitting work is to be done expeditiously and in any case not longer than five (5) working days.  Boral shall pay you item "K" of Appendix 5 per hour, limited to eight (8) hours per day for each day so detained in excess of the five (5) working days limit.

 

15A.    Mixer Ownership

 

This clause shall apply where you own the mixer.

 

15A.1               You shall be responsible for the provision of a mixer with a mixing capacity of not less than 6 cubic metres.

 

15A.2               Mud flaps shall be supplied to you by Boral free of charge.  (Note:  as these are Boral's advertising material.)

 

15A.3               You shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take-off unit.

 

16  Mixer Care and Maintenance

 

Where Boral provides you with the mixer the following shall apply:

 

16.1      Boral's mixer is in your care and you shall keep the unit clean and tidy.  The Consultative Committee will monitor the presentation and image of vehicles to ensure that the appropriate standard is maintained.

 

(a)        You undertake to exercise all reasonable care of the mixer.  The mixer shall be thoroughly washed out and cleaned down as required and surfaces treated in preparation for the next day's work.

 

(b)        All cleaning materials and equipment necessary for cleaning the vehicle shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

 

16.2      You shall report any and all apparent maintenance requirements to Boral.

 

16.3

 

(a)        You shall convey the mixer to the workshop for repairs or maintenance as requested by Boral.  All work shall be completed as soon as possible and without delay.

 

(b)        You shall be paid for transfers to and from the workshop at the rate of item "F" of Appendix 5 per km or part thereof and the forward and return journey shall be treated separately.  A means shall be provided by Boral at Boral's cost to convey the Carrier to your place of residence or plant whichever is the lesser distance and return him to the workshop as and when required.

 

16.4

 

(a)        The Carrier shall be responsible for all minor maintenance to the satisfaction of Boral, such as changing oil, greasing, cleaning and replacement of spark plugs, attending to oil filters, air cleaners, battery, keeping screws and bolts tight, clearing obstructions in fuel lines and fitting minor new parts.

(b)        Subject to the provisions of Clause 15 hereof, all spare parts, and specialised tools, materials and equipment shall be provided by Boral.

 

(c)        Boral shall be responsible to provide regular maintenance and servicing of the hydraulic components on any hydraulic mixer in accordance with the manufacturer's recommendations.

 

16.5

 

(a)        You shall be responsible for the removal of hardened concrete build‑up from the inside of the agitator, a process commonly known as de-dagging.

 

(b)        All de-dagging shall be carried out strictly in accordance with the agreed procedure and in compliance with relevant Occupational Health and Safety regulations.

 

(c)        The limit of your responsibility in order that the de-dagging may take place shall be limited to the provision of your labour only.  All equipment is to be provided by Boral at the cost of Boral.  You and Boral will ensure that the correct de-dagging procedures are followed.

 

(d)        All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between you and Boral.

 

16.6      Boral shall be responsible for all major maintenance.  Such repair or maintenance requirements will be carried out wherever possible outside normal operating hours and all work will be completed as soon as possible and without delay.

 

16.7      You are responsible for the provision of the fuel to run the vehicle and mixer.

 

16.8      Boral is responsible for the provision of oil and grease for the mixer.

 

16.9      Boral's mixer is to be parked only in places approved by Boral.  You are not responsible for any loss or damage to Boral's equipment when so parked.  Where approval is not given for the mixer to be parked at a location requested by you, then you assume responsibility for all loss and damage to Boral's equipment when so parked.

 

16.10    You shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.

 

16A.  Mixer Ownership

 

Where you own the mixer the following shall apply:

 

16A.1  Your mixer is in your care and you shall keep the unit clean and tidy.  The Consultative Committee will monitor the presentation and image of vehicles to ensure that the appropriate standard is maintained.

 

16A.2  All cleaning materials and equipment necessary for cleaning the vehicle shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

 

16A.3

 

(a)        You shall be responsible for the removal of hardened concrete build-up from the inside of the agitator, a process commonly known as de‑dagging.

 

(b)        All de-dagging shall be carried out strictly in accordance with the agreed procedure and in compliance with relevant Occupational Health and Safety regulations.  (Boral's procedure to be ratified) approved by WorkCover Authority.

 

(c)        The limit of your responsibility in order that the de-dagging may take place shall be limited to the provision of your labour only.  All equipment is to be provided by Boral at no cost to you.

 

(d)        All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between you and Boral.

 

(e)        Boral and you will ensure that the correct de-dagging procedures are followed.

 

16A.4  Your Vehicle is to be parked only in places approved by Boral.

 

16A.5  You shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.

 

17.  Painting and/or Signwriting of the Mobile Unit

 

Where Boral provides you with the mixer the following shall apply:

 

17.1      Boral shall periodically paint and/or signwrite the mobile unit.

 

17.2      All painting is to be done expeditiously, weather permitting, in not more than five (5) working days using a quality of paint that is acid resistant and capable of withstanding the arduous conditions of the industry for a period of not less than four (4) years.  The painting shall be undertaken by a recognised truck painting contractor and the standard of finish shall be not less than that provided by tradesmen specialising in this field.

 

17.3      All necessary surface preparations and procedures recommended by the paint manufacturers shall be adhered to.  You shall be responsible for the provision of a sound painting surface of the vehicle, including but not limited to the rectification of corrosion, prior to presentation for painting.

 

17.4      The mobile units shall be painted every 4 years or a longer or shorter period by mutual agreement.

 

17.5      For the purposes of this clause "mobile unit" shall mean the complete vehicle and agitator including all their components and external surfaces without exception.  The agitator should be removed from the vehicle for painting.

 

17.6      In the event that the paint finish of the mobile unit is of a standard unacceptable to you, you shall advise Boral prior to the vehicle being removed from the workshop.

 

17.7      For all times in excess of five (5) working days weather permitting or where a vehicle has to be returned for repainting or painting repairs, you shall be paid by Boral a rate of item "K" of Appendix 5 per hour (8 hours per day).

 

17.8      You will make the vehicle available to Boral for removal of all "stick on logos" from the vehicle whenever the vehicle is permanently removed from Boral's fleet.

 

17A.  Mixer Ownership

 

Where you own the mixer the following shall apply:

 

17A.1  You shall arrange for periodical painting of the mobile unit.

 

17A.2  All painting is to be done expeditiously, weather permitting, in not more than five (5) working days using a quality of paint that is acid resistant and capable of withstanding the arduous conditions of the industry for a period of not less than four (4) years.  The painting shall be undertaken by a recognised truck painting contractor and the standard of finish shall be not less than that provided by tradesmen specialising in this field.

 

17A.3  All necessary surface preparations and procedures recommended by the paint manufacturers shall be adhered to.  You shall be responsible for the provision of a sound painting surface of the vehicle, including but not limited to the rectification of corrosion, prior to presentation for painting.

 

17A.4  The mobile units shall be painted every 4 years or a longer or shorter period by mutual agreement.

17A.5  For the purposes of this clause "mobile unit" shall mean the complete vehicle and agitator including all their components and external surfaces without exception.  The agitator should be removed from the vehicle for painting.

 

17A.6  You will make the vehicle available to Boral for the removal of all "stick on logos" from the vehicle whenever the vehicle is permanently removed from Boral's fleet.

 

18.  Union Membership and Delegates

 

18.1      An Operator appointed as Yard Delegate shall upon notification thereof to Boral by the Branch or Sub-Branch Secretary of the Union, be recognised as the accredited representative of the Union.

 

18.2      The appointed Union Delegate or Executive Delegate shall be provided with reasonable access to and use of a telephone free of charge for Union matters, provided that Boral's site staff are consulted.

 

19.  Manning

 

19.1      You shall not allow any person to operate your vehicle without prior written approval being obtained from Boral.  When you employ an alternate driver, you shall be responsible for ensuring all legal obligations are met and that the alternate driver observes the terms of all current arrangements in the operation of the vehicle.  You and/or the alternate driver shall act in the best interests of Boral at all times.

 

20.  Uniforms

 

Your appearance is a most important part of Boral's presentation and you must maintain a standard of neatness and dress satisfactory to Boral. Boral will provide uniform issues free of charge to you on the following basis:

Clothing issues will be on a points system.

 

(a)        A satisfactory quantity of clothing is to be supplied with a minimum of four (4) day's fresh apparel.

 

(b)        Clothing issues to you will be on a points system per item.  From the date of this Part A you will be entitled to receive uniforms totalling six (6) points per year for a maximum of two (2) years at which time future issues will be limited to replacement on return of any previously issued item (to a maximum of six (6) points per annum)

 

Uniform item points are as follows:

 

One shirt (short or long)	1 point
One trousers (short or long)	1 point
One pair of overalls	2 points
One t-shirt	1 point
One winter jacket	2 points

 

(c)        New and existing Operators under this Part A must receive an initial uniform issue equivalent to 12 points.

 

(d)        Wet weather and safety gear is to be supplied as per Clause 29 of the Award.

 

(e)        Replacement of previously issued uniforms will be on the basis of replacement on return of used items.

 

21.  Amenities

 

All amenities are to comply with the Shops and Factories Act and to be not less than those enjoyed by an employee under the Award.  The appropriate facilities should be maintained and kept thoroughly clean and hygienic at all times by Boral.  You will conduct yourself in a tidy and appropriate manner and assist in meal room cleanliness.

 

 

22.  Fleet Size Variations

 

22.1      By Agreement

 

The fleet size may be varied at any time with the written consent of the Consultative Committee to achieve maximum productivity consistent with excellent customer service; such consent is not to be unreasonably withheld.

 

21.2      Automatic Review

 

Productivity rates of less than 4250 cubic metres will automatically trigger a review of the fleet size.

 

21.3      Decrease

 

(a)        Notwithstanding anything contained elsewhere in this clause, where, to achieve maximum productivity consistent with excellent customer service, and in the absence of any reasonable alternative, Boral considers that there should be a decrease in the fleet size, it shall consult with the Consultative Committee.

 

(b)        Boral shall, in conformity with (a) above have the right after such consultation to decrease the size of the fleet.

 

(c)        A reduction in the fleet size will be implemented by Boral as follows:

 

firstly by terminating the engagement of any Short Term Operators;

 

OR

 

by terminating the engagement of any additional Boral vehicles used to increase the fleet;

 

secondly by terminating the engagement of Operators PROVIDED THAT:

 

(i)         no Operator's engagement shall be terminated so as to reduce the size of the fleet if Boral should at the time continue to engage any Short Term Operator, or where the number of vehicles owned and/or operated by Boral exceeds twenty (20) or such lesser number of Boral vehicles as Boral determines from time to time;

 

(ii)

 

(A)       subject to (B), the number of Full Time Operators will not be reduced below that number engaged as at the date of this Part A for a period of three (3) years from the date of this Part A;

 

(B)       should the fleet average productivity rate fall below 3,200 m3 Boral may reduce the number of Full Time Operators within the first three (3) years of this Part A provided that; at the time of such reduction, there are no Short Term Operators or Boral vehicles in the fleet.

 

22.4      Increases

 

(a)        Notwithstanding anything contained elsewhere in this clause, where, to achieve maximum productivity consistent with excellent customer service and in the absence of any reasonable alternative, Boral considers that there should be an increase in the fleet size it shall consult with the Consultative Committee.

 

(b)        Boral shall in conformity with (a) have the right after such consultation to increase the size of the fleet.

 

 

(c)        An increase in the fleet size will be implemented by Boral as follows:

 

by engaging Short Term Operators OR

 

by engaging any additional Boral vehicles.

 

23.  Development and Training

 

23.1      Objects, Purposes and Commitments

 

(a)        Boral and the Operators aim to be the best in the concrete business with a desire to meet and exceed our customers requirements.  This will result in skilled Operators with viable businesses who will enjoy being part of Boral's operations.

 

(b)        In addition to the initial induction and training at the time of engagement, Boral and the Operators recognise the mutual benefits of and accept a greater commitment to, ongoing training and development.

 

(c)        Boral will organise and pay for the costs of providing the necessary training, you must attend.  You will be paid at the rate of item "J" per kilometre of Appendix 5 if you are required to use your own vehicle.

 

(d)        Training where possible, will be structured to minimise the interference with your working day.

 

(e)        Training which takes a full day will be limited to 2 working days per annum.  Payment for extensive training beyond this will be a matter for negotiation and payment will be made at the rate specified in item "I" of Appendix 5 plus reasonable expenses and travelling cost as in Clause 23(c) above.

 

(f)         In addition, Boral will endeavour to make voluntary training programs (aimed at assisting you in your business) available and these will be excluded from the provision of Clause 23(b) to 23(d) inclusive.

 

(g)        All training will normally be conducted within the Sydney Metropolitan Area.

 

24.  Grievance and Disputes Procedure

 

24.1      Boral, the Operators and the Union are jointly committed to this procedure and will promote the resolution of disputes/grievances by measures based on consultation, co‑operation and discussion and avoid interruption to the performance of work and the consequential loss of production, earnings and profit.

 

24.2      All disputes shall be dealt with under this Clause.

 

24.3      When there is a disagreement, you shall attempt to resolve the matter by negotiating with Boral or their representative on site.

 

24.4      Where the matter is not resolved, the Yard Operator Delegate shall attempt to resolve the matter by negotiation with Boral or their representative on site.  Where applicable your Executive delegate or your representative may be party to further negotiations with Boral.

 

24.5      If the matter remains unresolved an official of the Union and your Executive delegate shall be party to continued negotiations with Boral.

 

24.6      If the matter remains unresolved the Secretary, Assistant Secretary or an Official of the Union may be party to continued discussions/negotiations with the relevant representatives of Boral.

 

24.7      If the matter is unresolved the matter will be notified to the Industrial Relations Commission of New South Wales by the Union or Boral pursuant to section 311 of the Act.

24.8      It is understood and accepted by all parties to this Part A that work shall continue normally during all negotiations and any necessary proceedings.

 

Consultation Process

 

24.9      A joint committee of Operators and Boral representatives will be established and will continue to operate to increase the efficiency, productivity and competitiveness of our businesses.  The Committee will ensure that appropriate and timely communication mechanisms and procedures are established to inform Carriers of matters dealt with by the Committee.  Guidelines for the establishment and operation of the Consultative Committee are found in Appendix 7.

 

25.  Standard Rules and Conditions

 

Standard rules and conditions shall be as per the Operator's Operating manual insofar as they do not conflict with this Part A.

 

26.  Occupational Health and Safety and Continuous Improvement Process

 

26.1      Boral will establish Safety Improvement Teams.  Each team may have Operator representation.

 

26.2      Continuous Improvement Process

 

In order to maintain and further develop Borals leading position in the pre‑mix concrete Industry you will participate in Boral's "Continual Improvement" activities and processes.  The reduction of costs, consistency of quality and customer satisfaction are an integral part of these activities and processes.  Both Boral and you will work to ensure that Boral's quality system continues to achieve certification to meet Australian Standard 3902.

 

26.3      Any payment under this Clause will be as in Clause 23(c) and (e).

 

27.  Rostering and Equal Opportunity for Work

 

26.1      The utilisation rate structure herein is based upon the premise that all full time operators in the Fleet will have an equal opportunity to work and achieve, so far as possible, the average fleet metres over any given period.

 

26.2      A system of allocation of work to both your vehicle and Boral owned and operated vehicles will be developed to ensure, as far as possible, that all such vehicles have equal opportunity to work.  This system will be regularly reviewed by the Consultative Committee.

 

26.3      Boral undertakes that the system will include the operation of the following rosters:

 

(a)        daily start cyclic roster;

 

(b)        daily transfer cyclic roster;

 

(c)        period (not exceeding one month) transfer cyclic roster; and

 

(d)        roster-off roster (where there are vehicles surplus to customer requirements).

 

Boral  will take steps to ensure that any Short Term Operators will be the first trucks to be rostered off (where there are vehicles surplus to customer requirements) and will be the last trucks rostered-on on Saturdays.

 

All vehicles will be required to reverse transfer, if necessary, to enable all vehicles to have an equal opportunity for work.  Vehicles owned and operated by Boral will be included in this system.

 

 

 

28.  Concrete Cartage in Alternative Vehicles

 

28.1      Where concrete is transported other than in an agitator then the cartage rate shall be negotiated between Boral and the Union at the relevant time provided that the rate so negotiated is competitive with the prevailing market rate for such cartage.

 

Special or Unique Circumstances

 

28.2

 

(a)        Boral, the Operators and the Union agree that this section will not apply to the overwhelming majority of work however where there are special or unique circumstances applying on a specific project then Boral and the Consultative Committee may agree on a special rate structure, on the basis that it is in their mutual best interest.  Such agreement will be in writing and shall override the provisions of this Part A to the extent that such agreement is inconsistent with this Part A.

 

(b)        If there is no agreement reached then the provisions of this section shall not apply.

 

29.  Plant Stored Operator's Equipment

 

Boral shall provide sufficient space where possible for the safe storage of equipment that is reasonably necessary to assist in the efficient and effective running of your cartage business.

 

30.  Clause Deleted

 

30.A.  Clause Deleted

 

31.  Clause Deleted

 

32.  Clause Deleted

 

33.  Environment Protection and Pollution Control

 

33.1      Operational Procedures

 

Boral shall provide you with a written procedure relating to the delivery of concrete.  It is Boral's responsibility to ensure that this procedure complies with all requirements of the relevant Act with respect to environment protection and pollution control.  It is your responsibility to comply with Boral's reasonable written procedures.

 

33.2      Boral and Carrier's Liability

 

Boral shall indemnify you against all claims for cost, damages and/or legal expenses and any further liabilities that may arise whilst performing your duties as Boral's Operator in accordance with Boral's operational procedures, provided that such claims for cost, damages and/or legal expenses and any further liabilities that may arise are not as a direct result of your negligence or misconduct.

 

34.  Finance/Purchasing

 

Boral will make available to you the ability to purchase various goods and services such as fuel, tyres, maintenance and repair services, etc through Boral.  Where Boral and you agree at the time of purchase, the cost of such purchases may be deducted from your cartage account.

 

35.  Company Future

 

Boral undertakes that it will not use a subsidiary concrete company or a related concrete company to restrict or reduce the optimum utilisation of its full time Sydney Metropolitan concrete fleet.

 

Boral, the Operators and the Union are jointly committed to a process of genuine consultation, discussion and joint resolution where the changing needs are liable to impact upon either you or Borals future.

 

36.  Code of Conduct and Operation Manual

 

The parties to this Part A will develop a "Code of Conduct and Operating Manual" that will not be inconsistent with this Part A.  In the event of any inconsistency, the Part A shall prevail.

 

Schedule 1

 

Code of Conduct

 

Boral is committed to achieving the highest possible standards of Boral/Operator relations, consistent with the interest of all stake holders in Boral, including shareholders, employees and subcontractors.  The key to good relations is having rules that are fair and applied consistently.  This Code of Conduct is designed to allow you, employees and Boral Management to know what is mutually expected of them by Boral.  It is premised on the principles of fair play, basic good manners and a genuine concern for the individual.  It is not designed or intended to replace the Disputes Procedure (Clause 24).  Rather it is a detailed guide to you/employees/ Management of their rights and responsibilities AND suggested methods of Boral Management/operators interaction that can and should take place, in order to minimise matters being referred to the Disputes Procedure.

 

Rights And Responsibilities

 

It is your Responsibility to:

 

Present your truck and mixer on time as required at the predesignated plant.

 

Maintain truck and mixer in a clean and tidy condition giving good presentation to the customer and public.

 

Be a courteous and careful driver.

 

Maintain a clean, neat personal appearance and presentation to the customer.

 

Maintain a good, courteous relationship with the customer.

 

Display sound product knowledge and awareness of the importance of quality product and service.

 

Undertake such training as is required by Boral's Quality Assurance Programme.

 

Work harmoniously with plant staff, other operators and employee drivers.

 

It is your right:

 

1.          To be treated fairly and courteously by ALL Boral's personnel.

 

2.          After having presented at a plant for work, to receive a fair allocation of the work available on the day.  If you consider yourself to have been treated unfairly you have the right to sight the relevant Boral documentation at a mutually agreed time.

 

3.          Where Boral provides you with the mixer, for the mixer to be adequately maintained by Boral so that you are not hampered by excessive mixer downtime.

 

4.          In the event of a dispute over any matter, to have the opportunity to present your case and to be impartially judged.  To also be represented by Boral, Union delegate or official if requested.

 

5.          To consult with the Plant Manager or, in the absence of the Plant Manager, the Allocator, regarding work load/plant trucking.

6.          Upon commencing your engagement to start with a clean record regarding this Code of Conduct.

 

7.          To be able to report any improper conduct without fear of reprisal.

 

Conduct Committee/Delegates

 

A committee shall operate to adjudicate on questions of possible breaches of this Code of Conduct by an Operator and shall comprise of two (2) company personnel and two (2) operator representatives, such operators to be elected by the Operators.  This committee will meet whenever required to deal with an incident or every six (6) months on a regular basis.  Members of the committee will normally serve for two (2) years with half the members retiring every twelve (12) months.  Should the Conduct Committee be unable to agree on a suitable course of action, the matter will be referred to the Disputes Procedure as agreed.  You have the right of access to the Disputes Procedure should you feel that you have been unfairly treated by the Conduct Committee.

 

Company Standards

 

Conduct to be avoided:

 

1.          Reporting to work or working under the influence, or imbibing of intoxicating liquor or prohibited drugs during the working day.

 

2.          Offensive behaviour which adversely effects the interests or reputation of Boral or its employees.

 

3.          Any act of violence, fighting, brawling or any other disorderly or undesirable conduct on company time or property.

 

4.          Conduct endangering the life, safety or health of others.

 

5.          Theft of, or wilful damage to the property of Boral or those engaged in Boral operations.

 

6.          Falsifying personal or company records, including engagement applications, or counterfeiting any company form or forging a signature thereon.

 

7.          Any other misconduct.

 

8.          Failure - refusal to follow reasonable instructions of Boral officers or supervisors.

 

9.          Driving in a reckless manner.

 

10.        Failure to take reasonable steps to comply with environmental control procedures.

 

11.        Deviation from company practice as outlined in the Operating manual (Clause 25).

 

Other Misconduct

 

For conduct other than Serious Misconduct, the accused is to be counselled by the relevant area manager and/or customer services manager in accordance with the counselling procedure in the presence of delegates.

 

Counselling Procedures

 

Counselling by Managers/Supervisors and Delegates involves:

 

1.          Explaining how the accused has departed from required standards.

 

2.          Obtaining information from the accused on any relevant circumstances affecting their conduct.

 

3.          Checking whether the accused has everything to do their job properly (i.e. adequate training and tools provided and the accused understands what is required).

 

4.          Agreeing on changes to be made.

 

5.          Setting a review date which permits time for the accused to demonstrate improvement.

 

6.          Reviewing performance and recognising improvement.

 

A Guide to Counselling (Supervisor/Manager)

 

(a)        Ensure that you have all the pertinent and necessary information for a factual discussion.

 

(b)        Advise the accused of the time, date, place and subject of counselling, such time and location to be mutually agreed upon.

 

(c)        Have a witness present and allow the accused to also have a Union witness/representative present.

 

(d)        The counselling should be conducted in a serious manner but should not be threatening in any way.

 

(e)        Having put the circumstances to the accused, they should be afforded the proper opportunity to respond.  It is essential that they be afforded a fair and full hearing.

 

(f)         A summary of the counselling should be clearly stated in written form with copies being made available to the accused concerned and the Executive delegate.

 

(g)        Where performance improvement is required, this should be indicated with a guide as to how this may be achieved with a reasonable time frame for that improvement as instructed, this guide to be formalised in writing.

 

(h)        An offer should be made to the accused that assistance is available and clarify who they should turn to for help in improving their performance.

 

If the accused conduct continues to be unsatisfactory after counselling, it will be followed by:

 

1.          Up to three (3) written warnings, dependant upon the seriousness of the breach of the Code of Conduct.

 

2.          Other appropriate corrective action.

 

The General Manager may temporarily suspend or transfer the accused pending a decision on corrective action.  These measures will be used when it is necessary to remove an accused from the workplace, eg. if an operator/employee is under the influence of intoxicating liquor/prohibited drugs, assaults another operator/employee, customer, or member of the public, steals from the customer or other employees of Boral.  Such suspension or transfer not to be of an unreasonable time frame.

 

Corrective Action

 

Repetitive breaches of the Code of Conduct will be deemed as misconduct on the part of the accused and if counselling has failed to improve that conduct, then corrective action must be taken.

 

Warnings - are an indication of possible dismissal if misconduct continues, all warnings to be in written form.

 

Suspensions - are used in cases of serious or repetitive misconduct which does not warrant dismissal in that instance.  To be approved by General Manager.

 

 

 

Dismissal - Termination of your engagement will occur in the event of serious or repeated misconduct.  In the case of an operator, the following alternatives are available depending on the circumstances of the misconduct:

 

1.          You will be given a reasonable period of time to find a buyer.

 

2.          You will be given a reasonable period of time to find a buyer but with a replacement driver approved by management, such approval not to be unreasonably withheld.

 

3.          You will have your engagement instantly terminated.

 

4.          If disputed, you may challenge Boral's decision in any appropriate tribunal or court.

 

Records Of Corrective/Counselling Action

 

(a)        On the run corrective instructions.  Plant managers diary entry with follow up intention.  Accused to be advised of charges levelled against them.

 

(b)        Records of counselling to include breaches of the Code of Conduct, together with any action or explanation offered.  Formal letter from manager/supervisor, copy to accused and your personal file.  Also copy to Executive delegate.

 

(c)        Warnings - formal letter to manager/supervisor/accused/accused representative and your personal file.

 

(d)        Dismissal - formal letter to accused stating reason for dismissal, previous warnings and counselling and terms of dismissal.  Copy to manager/ supervisor/accused/accused representative and your personal file.

 

(e)        When allegations are unproved, a letter acknowledging innocence to be provided to the accused and the Executive delegate.  Personal file to be noted accordingly.

 

(f)         Should the accused maintain a clean record for a period of two (2) years, then all previous written warnings are to lapse.  Such lapsed record is not to be used in determining any possible future, disciplinary action should the occasion arise.

 

Appendix 1 - Deleted

 

Appendix 2 - Deleted

 

Appendix 3 - Deleted

 

Appendix 3A - Deleted

 

Appendix 4 - Deleted

 

Appendix 4A - Deleted

 

Appendix 4B - Deleted

 

 

 

 

 

 

 

 

 

 

Appendix 5

 

CARTAGE RATES

 

ITEM	TITLE	RATE	UNIT
		$
BORAL	Flag fall/Utilisation rate	15.77	cubic metre
A	Kilometre rate	0.99	cubic metre
B	Mixing in the yard	36.95	load
C	Waiting time	1.47	minute
D	Standby time	15.86	half hour
E	Penalty rates	5.09	cubic metre
F	Transfer fee	1.43	kilometre
G	Agitating fee	5.83	quarter hour
H	Hourly vehicle hire	71.59	per hour
I	Hourly hire labour	16.10	per hour
J	Car travelling	0.69	per km
K	Standby vehicle & driver	47.71	per hour

 

Appendix 5a

 

BORAL SYDNEY METROPOLITAN CARTAGE RATES

 

ITEM	TITLE	RATE	UNIT
		$
BORAL	Flag fall/Utilisation rate	17.95	cubic metre
A	Kilometre rate	0.99	cubic metre
B	Mixing in the yard	49.78	load
C	Waiting time	1.47	minute
D	Standby time	15.86	half hour
E	Penalty rates	5.09	cubic metre
F	Transfer fee	1.43	kilometre
G	Agitating fee	8.20	quarter hour
H	Hourly vehicle hire	83.52	per hour
I	Hourly hire labour	16.10	per hour
J	Car travelling	0.69	per km
K	Standby truck & driver	47.71	per hour

 

Appendix 6 - Deleted

 

Appendix 6a

 

TRUCK MIXER

 

LOW TARE TRUCK MIXER SPECIFICATION 6.0m3 CAPACITY

WITH CRUISE CONTROL

 

Including the following standard equipment:

 

"Transmittal" Drum Head Drive (560 L).

 

Hydraulic Pump and Motor "Rexroth" or "Eaton".

 

"Drive shaft" from hydraulic pump to truck P.T.O.

 

Pressurised water tank (200 litre capacity).

 

Slump meter.

 

Water meter.

 

One (1) only water nozzle/gun for general wash down and cleaning.

 

Electronic controls for mixer with "walk-around type" hand held pendant assembly.

 

Electronic type Truck Cabin Controls.

 

Aluminium running boards and chute carrier.

 

Extension chutes, three (3) off, fitted with wear resistant polyethylene liners.

 

Rubber mudflaps (two (2) only) and U-bold assemblies.

 

Grit blased, primed and finished painted in (2) pack finish paint.  (Two colours only).

 

Truck mounted on prime mover supplied by others.

 

Appendix 7

 

CONSULTATIVE COMMITTEE GUIDELINES

 

GUIDELINES FOR JOINT CONSULTATIVE COMMITTEE

 

Introduction

 

Boral, the Operators and the Union are committed to the formation of a Joint Boral/Operator Consultative Committee.

 

These guidelines have been developed to provide a workable framework for the operation of the consultative committee.

 

Objective

 

The objectives of the Consultative Committee are to increase the efficiency, productivity, flexibility and competitiveness of Boral and to enhance business opportunities and security of the Operators.  They are to establish improved and effective consultation and communicated procedures between Boral and you, to enhance relations at the workplace, to facilitate the successful implementation of agreed key initiatives and to provide Management and you with an informed basis upon which to make decisions.

 

Further, the Consultative Committee will be the vehicle through which subsequent agreements will be developed, consistent with the framework established.

 

All such subsequent agreements reached will be subject to endorsement by you in consultation with the union and Boral.

 

Composition

 

The consultative committee should include:

 

At least one senior management representative; and

 

In excess of 50% Operator representatives.  The Operator representatives are to be democratically elected with proper records of such election to be kept.

 

The actual procedures for appointment of management and election of your representatives will be determined respectively by Boral and you.

In the determination of your representatives on the committee, consideration should be given to:

 

the make-up of the fleet;

 

the size of the fleet;

 

the number of distinct operations;

 

any shift arrangements;

 

the company structure;

 

other existing consultative mechanisms.

 

The committee, once established may invite other persons to attend specific meetings on an ex-officio basis.

 

Term Of Office

 

Members elected or appointed on the committee shall hold office for a period of two years, and will be required to retire at the conclusion of the period so that other people have the opportunity of participating and contributing.  Retiring members may re-nominate.  It is the responsibility of each committee member to attend meetings on a regular basis and to represent the views and opinion of those people he or she represents.

 

If a member of the committee ceases engagement with Boral or can no longer fulfil his or her responsibilities, a new election or appointment should be made.

 

Terms Of Reference

 

The following matters shall form the basis for the work of the committee:

 

1.          The implementation of key initiatives of this Part A at the workplace.

 

2.          To give consideration to the introduction of technological change or other significant changes in the organisation or workplace.

 

3.          To develop a framework for skills development and provision of training within their workplace.

 

4.          To give consideration to Equal Opportunity principles as appropriate.

 

5.          To consider the introduction of new work arrangements, and the effective utilisation of skills.

 

6.          To review other matters raised by management representatives or your representatives which impact on you or which contribute to the improved operation and efficiency of Boral.

 

7.          Specifically the committee will be required to monitor, develop, address and recommend upon those matters identified as part of the Consultative Committee responsibility in this Part A.

 

Structure Of Meetings

 

1.          Chairperson

 

A chairperson shall be elected by the committee where possible from your members of the committee.

 

The committee will decide a formula for appointing and rotating the chairperson.

 

 

 

 

 

2.          Secretary

 

A Secretary shall be appointed for the purposes of recording minutes, preparation and distribution of agendas and other administrative duties. The administrative requirements of this position will be provided by Boral.  The person appointed to this position will not be a member of the committee.

 

3.          Agenda

 

All members of the committee shall have a right and a responsibility to submit agenda items.  The agenda, minutes and any relevant background documentation shall be circulated one week prior to the meetings.

 

4.          Meetings

 

The committee shall meet at least every month.  The committee may determine that it shall meet on a more frequent basis.  Special meetings of the committee may be called after informal discussions between members.  The meetings of the committee will be held at a place and time convenient to the members of the committee.  A reasonable time limit should be placed on the length of meetings.  Enough time will be provided to adequately deal with the agenda items.  Meetings should operate on a consensus basis.

 

5.          Minutes

 

The Secretary shall minute the proceedings of each meeting of the committee.  The minutes are to be circulated to each member of the committee, verified by committee members prior to the next meeting and signed by the Chairperson at the next meeting of the committee as a true and correct record of the proceedings of the committee.

 

The Secretary will be responsible for ensuring that a complete set of minutes is maintained and available as a permanent record.

 

6.          Future Meetings

 

The date of the next meeting of the committee will be set at the close of the previous meeting.

 

7.          Confidentiality

 

All members of the committee and the Secretary of the committee shall accept that, whilst the spirit of genuine consultation is to be paramount, at no time shall persons disclose any matter, the confidentiality of which is in Boral's best interest or where confidentiality has been specifically agreed with a third party.  Minutes of the meeting are to be drafted with regard to confidentiality.

8.          Management Response

 

Senior management of Boral must formally respond to the committee's recommendations.  Normally this will take place prior to the next meeting of the committee.

 

Training

 

All members of the committee shall be entitled to training in meeting procedures and relevant related skills required to ensure that they are in a position to represent their constituents and play an active role in the operation of the committee.  The nature, time and extent of training provided shall be determined between management and your committee members.

 

Discrimination

 

Management shall not dismiss you or injure you in your engagement or alter your position to your detriment by reason of the fact that you are a member of or have an interest in the consultative committee.

 

 

Rights And Duties

 

All members of the committee are required to carry out their duties in a responsible and honest manner in the spirit of this Part A.

 

To attend the meeting and be present a few minutes before the time stated on the agenda;

 

to forward apologies to the Secretary if unable to attend the meeting;

 

to come to the meeting prepared, having read the minutes of the previous meeting;

 

to study the agenda beforehand and be prepared with notes to make contributions briefly, clearly and perhaps with illustrations on matters affecting him/her or those he/she represents;

 

to represent the views and opinions of those people he or she represents and not just his or her own;

 

to speak on the basis of the facts presented and not on the basis of preconceived ideas, not based on facts;

 

seeking the view of constituents on issues to be discussed by the committee;

 

encouraging and assisting constituents to submit agenda items;

 

providing explanations of items recorded in the minutes;

 

report back meetings in realistic time will be arranged by Boral as required.

 

Adoption Of Procedural Guidelines

 

The Joint Consultative Committee is to approve and adopt a set of guidelines at the first available meeting.  All committee members are to receive a copy of the guidelines.

 

The procedural guidelines should be appended to the minutes and the following certification is to be completed.

 

Certification

 

This is to certify that the Joint Consultative Committee has adopted the procedural guidelines attached at its

meeting on.

Signed

Chairperson

Secretary

 

Appendix 8

 

FREIGHTLINER BUSINESS CLASS

 

BORAL FL 80 AGITATOR SPECIFICATION

 

MODEL	FL80
Configuration	6 x 4
Engine	Cummins C Series 250 hp
Transmission	Spicer PSO 85 LL
Rear Axle	Rockwell PT-40-145: Ratio 5.29 with DCDL on both axles
Front Axle	Rockwell FG 941    14,600 lbs
Rear Suspension	Chalmers 854  40,000 lbs
Rear Hubs	Aluminium
Rear Brake Drums	Centrifuse
Wheels	10 stud steel
Tyres	Michelin XZU2 275/70
Auto Slack Adjusters	Haldex
Brake System	Air dryer
P.T.O	Rear of Engine
Air Conditioning	Yes
Wheelbase	4425mm (174")
Fuel Tanks	113 litres
Paint	Boral Fleet
Optional Transmission Allison MD 3560 P with
6.45 rear axle ratio

 

PART B

 

Contents

 

1.         Dictionary

1.1        Definitions

2.         Area Incidence And Duration

2.1        Application

2.2        Application Of Other Contract Determinations

2.3        Term.

2.4        Operation

3.         Nominated Plants & Cartage Zones

3.1        Nominated Plant

3.2        Cartage Distances

4.         Cartage Rates And Related Matters

4.1        Basis Of Cartage Rates

4.2        Surcharges

4.3        Variation Of Cartage Rates And Surcharges

4.4        Award Benefits Etc

4.5        Minimum Earnings

5.         Cartage Accounts

5.1        Preparation Of Cartage Accounts

5.2        Cartage Account Details

5.3        Payment Of Cartage Accounts.

5.4        Recent Account Discrepancies

5.5        Older Account Discrepancies

5.6        Adjustment Following Settlement Of Account Discrepancy

5.7        Purchases Other Than Fuel

5.8        Fuel Purchases

5.9        Overpayment By Boral

5.10      No Other Deduction Or Purchases

5.11      Section 127 Statement

6.         Living Away From Home

6.1        Being Away From Home

6.2        Notice Of Being Away From Home

6.3        Period Of Working Away From Home

6.4        Transfer Payments

7.         Statutory Requirements And Insurance

7.1        Compliance With Laws

7.2        Variation Of Statutory Requirements

7.3        Insurances

7.4        Submission Of Insurance Documents Etc

7.5        Provision Of Photocopies

7.6        Endorsements For Public Liability

8.         Loads

8.1        Load Size

8.2        Daily Loading Procedure

8.3        Notification For Next Day

9.         Hazardous Approach To Job Site

9.1        Hazardous Approach To Job Site

9.2        Payment After Unsuccessful Entry

9.3        Refusal To Enter

9.4        Bogged Vehicles

10.       Availability Of A Suitable Prime Mover

10.1      Vehicle Image Etc

10.2      Obligation To Ensure Vehicle Presented For Work

10.3      Boral Approval To Introduce A Prime Mover

10.4      Weighbridge Certificates

10.5      Repair Of Unserviceable Prime Mover

10.6      Notification To Boral Of Non Attendance

10.7      Roads & Traffic Authority

10.8      Prime Mover Supply, Configuration And Age

10.9      Prime Mover Running Costs

11.       Responsibility For Slump, Mixing & Delivery

11.1      Changes To Concrete Mix

11.2      Mixing The Load

11.3      Checking After Loading - Slump

11.4      Minimum Mixing Requirements

11.5      Minimum Mixer Revolutions

11.6      Added Water

11.7      Visual Inspection Of Load Before Leaving The Plant - Irregularities

11.8      Adding Water To Adjust The Slump - Before Discharging On Site

11.9      Adjusting The Slump At Request Of Third Party

11.10    Rejection Of Load Due To Slump

11.11    Obtaining Signatures For Acceptance Of Delivery

11.12    Cod Customers

11.13    Dumped Load

11.14    Delivery To Kerb Making Machine

11.15    High Range Water Reducer

11.16    Reused Concrete

11.17    Load Limit

12.       Rostering & Access To Cartage Work

12.1      Rosters

12.2      Access To Cartage Work System

13.       Breakdowns

13.1      Transfer Of Vehicles Due To Plant Breakdown

13.2      Assistance When Mixer Or Vehicle Is Broken Down

14.       Communication Equipment

14.1      Installation Of Communication Equipment

14.2      Removal Of Communication Equipment

14.3      Taking Care Of The Communication Equipment

14.4      Operation Of Communication Equipment

14.5      Maintenance Of Communication Equipment

14.6      Installation And Removal During Normal Operating Hours

15.       Provision Of Mixer

15.1      Provision Of Mixer

15.2      Mixer Removal By Boral

15.3      Mixer Removal By Operator

15.4      Responsibility After Fitting

15.5      Adjustment Of U Bolts

15.6      Removal Of Mixer On Termination Of Engagement

15.7      Provision Of Crank Shaft Protection

15.8      Modifications Etc To Mixer

16.       Mixer Care And Maintenance

16.1      Washing Out The Mixer

16.2      Provision Of Cleaning Materials Etc

16.3      Reporting Mixer Maintenance Requirements

16.4      Mixer Repairs

16.5      Minor Maintenance Of Mixer

16.6      Removal Of Hardened Concrete

16.7      Major Maintenance Of Mixer

16.8      Provision Of Fuel For The Mixer

16.9      Parking Of Mixer

16.10    Damage To Mixer

16.11    Cease Using The Mixer For Repairs, Servicing Etc

16.12    Replacement Of Mixer

17.       Painting and/or Signwriting

17.1      Boral To Periodically Paint

17.2      Quality Of Painting

17.3      Preparation For Painting

17.4      Time Of Painting

17.5      Period Of Painting

17.6      Meaning Of Vehicle

17.7      Unacceptable Paint Finish

17.8      Time Of Painting Excessive

17.9      Removal Of Logos

17.10    Transport

18.       Delegates

18.1      Recognition

18.2      Use Of Facilities

19.       Nominated Driver

19.1      Use Of Nominated Driver

19.2      Licences

19.3      Nominated Driver Fitness For Work

19.4      Use Of Relief Driver

20.       Uniforms

20.1      Dress

20.2      Uniform

20.3      Wet Weather Gear

20.4      Uniform Replacement

21.       Amenities

21.1      Entitlement

22.       Major Change, Vehicle And Configuration Variation Etc.

22.1      Decision To Introduce Change

22.2      Mandatory Consultation

22.3      Boral's Right To Make Change

22.4      Boral Buffer Vehicles

22.5      Configuration Change

23.       Development And Training

23.1      Objects, Purposes And Commitments

24.       Grievance And Disputes Procedure

24.1      Commitment

24.2      Procedure Mandatory

24.3      Steps

24.4      Work To Continue Normally

25.       Consultative Committee

25.1      Formation Of Committee

25.2      Sub‑Committees

25.3      Committee Procedures

25.4      Proper Performance Of Functions

25.5      Consultation Procedure

25.6      Prior Consultation Before Exercising Rights Etc

25.7      Periodic Reviews By The Committee

26.       Continuous Improvement Process

26.1      Participation In Continuous Improvement

26.2      Payment

27.       Special Circumstances

27.1      Carting In Other Than Mixer

27.2      Special Or Unique Circumstances

28.       Plant Stored Operator's Equipment  

28.1      Provision Of Space

29.       Boral Operated Vehicles & Fleet Owners Etc

29.1      Use Of Boral Vehicles

29.2      Use Of Fleet Owners

29.3      Limit Of Articulated Vehicles

30.       Operating Procedures Etc

30.1      Obligations

30.2      Fines

31.       Occupational Health And Safety

31.1      Obligation to Perform the Cartage Work Safely

31.2      RTA Requirements

32.       Environmental

32.1      Obligations

33.       Good Faith

33.1      Boral Obligation

34.       Operator's Rights

34.1      Rights

35.       Mixer Ownership

35.1      Applicable Conditions

36.       Other Conditions

36.1      Reference

37.       Leave Reserved

37.1      Matters

 

SCHEDULES

 

Schedule 1 - Rates

Schedule 2 - Monthly Retainer

Schedule 3 - Rate Review & Cost Items

 

ANNEXURES

 

Annexure 1 - Vehicle Specifications

Annexure 2 - Mixer Ownership

Annexure 3 - 127 Statement

Annexure 4 - Selection

Annexure 5 - Access To Cartage Work System

 

 

 

 

 

 

1.  Dictionary

 

1.1        Definitions

 

In this Part B, unless the context suggests otherwise, the words on the left hand side of the dictionary shall have the meaning given to them on the right hand side of the dictionary.

 

Act -the Industrial Relations Act 1996;

 

Articulated Vehicle-an articulated vehicle with a total number of three or more axles;

 

Award-the Transport Industry (State) Award as varied from time to time;

 

Batching-the weighting or volumetric measuring of concrete ingredients charged into the mixer at the plant;

 

Boral-Boral Resources (NSW) Pty Limited;

 

Boral Representative-the manager or managers selected by Boral for the purposes of clause 25 and otherwise the relevant manager/supervisor/representative of Boral selected to act on their behalf;

 

Buffer Company Vehicles-ten Boral operated vehicles (either six or eight wheelers or a combination of six and eight wheelers which until removed from service are regularly used and allocated to a nominated plant);

 

Cartage Work-the cartage of concrete using the vehicle and activities ancillary to this including but not limited to slumping the load, discharging the load, driving to concrete plants to be loaded;

 

Communication Equipment-any and all equipment used for communication between Boral and the nominated driver (and vice versa) which shall include but not be limited to a two way radio, GPS etc;

 

Concrete-a product whether mixed, blended or batched, that contains (but is not limited to) as a minimum:

 

(a)        cement, sand and water,

 

(b)       mortar containing cement, sand and water;

 

(c)        grout containing cement, sand and water;

 

(d)       slurry containing cement and water; or

 

(e)        binders containing cement and sand.

 

To avoid any doubt, this definition is not contingent on the method of production, laying or description of the finished product;

 

Consultative Committee-the committee referred to in clause 25;

 

Contract Determination-this Contract Determination;

 

Delivery-the delivering of concrete;

 

Designed Batch Water-the quantity of water stated in the mix design of a specified concrete;

 

Fleet Owner-a provider of cartage services other than:

 

(a)        Boral; or

 

(b)       a carrier as described in section 309 of the Act;

 

Financial Year-12 months commencing from lst July to 30th June;

 

Job Site-the premises comprising the location at which concrete is discharged which for the purposes of clause 4.2(b) only shall include a designated parking area in the general vicinity of the premises at which the Operator's vehicle is required to wait when loaded before accessing the job site to discharge;

 

Load-the total volume and/or mass of concrete or concrete ingredients in the mix intended for delivery;

 

Maximum Prime Mover Age-the maximum age for the Operator's prime mover set out in the Operator's Head Contract;

 

Mini Mix Vehicle-a vehicle with a mixer that has a mixing capacity of 3.0 m3 or less;

 

Mixer-equipment on the prime mover with the specific purpose of mixing and agitating concrete;

 

Nominated Driver-a person referred to in section 309 (1) (c) (i), (ii) or (iii) of the Act;

 

Nominated Plant-the place from which an Operator usually commences work in accordance with clause 3.1 of Part B of this Contract Determination;

 

Operator-a contract carrier trading as an incorporated body contracted to Boral to cart concrete (all Operators engaged by Boral shall be incorporated bodies);

 

Part A-Part A of this Contract Determination

 

Part B-Part B of this Contract Determination

 

Practicable-capable of being put into practice with the available means and with reason and prudence;

 

Principal Contractor-Boral;

 

Prime Mover-the cab chassis provided by the Operator;

 

Relief Driver-a driver approved by Boral in accordance with clause 19.4 of this Part B;

 

Regular Days-the days Monday to Saturday inclusive each week that an Operator is required by Boral to make their vehicle available to perform the cartage work excluding:

 

(a)        the days when Boral has directed an Operator not to attend for cartage work due to bad weather, plant breakdown, plant shutdown or lack of cartage work;

 

(b)       (subject to Boral's approval which shall not be unreasonably withheld) up to five days in a year that the Operator is unable to attend to perform the cartage work for genuine and unforeseen reasons (such as sudden illness of the nominated driver, prime mover break down or pressing domestic problems etc) the burden of proof of which shall lie with the Operator;

 

(c)        (when Boral owns the mixer) the days when the Operator's vehicle is unavailable to perform the cartage work in accordance with clause:

 

(i)         4.4(c);

 

(ii)        9.4(d);

 

(iii)       10.7(b);

 

(iv)       15.8;

(v)        16.11;

 

(vi)       16.12;

 

(vii)      17.4;

 

(viii)     17.8;

 

(ix)       23.1(e);

 

(x)        31.1(f); or

 

(xi)       32.1; and

 

(d)       (when the Operator owns the mixer) the days when the Operator's vehicle is unavailable to perform the cartage work in accordance with clause:

 

(i)         4.4(c);

 

(ii)        9.4 (d);

 

(iii)       15.5 (Refer Annexure 2);

 

(iv)       16.7 (Refer Annexure 2);

 

(v)        16.8 (Refer Annexure 2);

 

(vi)       17.4 (Refer Annexure 2);

 

(vii)      17.8 (Refer Annexure 2);

 

(viii)     23.1 (e);

 

(ix)       31.1(f); or

 

(ix)       32.1;

 

Sydney Metropolitan Area-the area in which concrete is produced within the following boundaries:

 

Stanwell Tops, Bulli, Mount Ousley, Appin, Razorback, Warragamba, Emu Plains, Sackville, Hawkesbury Bridge, Terry Hills, Palm Beach;

 

Union-the Transport Workers' Union of New South Wales;

 

Vehicle-the prime mover and mixer;

 

Written authority-any approved document that bears the signature of the Operator or Boral as the case may be.

 

1.2        Except where otherwise indicated, clause references are references to clauses of Part B and not Part A.

 

2.  Area Incidence and Duration

 

2.1        Application

 

This Part B will operate with respect to contracts of carriage between Boral and its Operators engaged at concrete batching plants throughout the Sydney Metropolitan Area to perform the cartage work.

 

 

2.2        Application Of Other Contract Determinations

 

This Part B shall:

 

(a)        apply to the exclusion of the Transport Industry Concrete Haulage Contract Determination. Vol 260 published 30.11.90 as varied or replaced from time to time; but

 

(b)        be read and construed in conjunction with the Boral GST Protocol (Facilitation & Compliance) Contract Determination.

 

2.3        Term

 

This Contract Determination shall operate in accordance with its terms from the beginning of the first pay period to commence on or after 8 April 2005 and have a nominal term of three (3) years. The nominal term expires on 8 April 2008.

 

2.4        Operation

 

This Part B will operate from 1 May 2005, when Part A ceases to have effect.

 

3.  Nominated Plants & Cartage Zones

 

3.1        Nominated Plant

 

An Operator shall normally work from a nominated plant provided that Boral may change an Operator's nominated plant to meet its business needs by giving them 14 days notice of the change having first:

 

(a)        attempted to meet those needs on a voluntary basis; and then

 

(b)        changed the nominated plant of all other Operators (in an Operator's nominated plant and with the same configuration vehicle) who has been at that nominated plant for a shorter period of time.

 

3.2        Cartage Distances

 

(a)        Cartage distances shall be based on a computerised distance data base or, should the computerised distance database not be available an agreed map, displayed at the plant (and available for inspection by the Operators) or a street directory. Cartage distances shall be measured to the nearest half a kilometre after the first kilometre.

 

(b)        Any dispute arising in relation to the actual distances to be paid to an Operator shall be resolved within two working days between Boral's representative and an Operator or their representative by jointly measuring the actual distance travelled, in a mutually agreed vehicle, from the loading point to the discharge point via the shortest practicable route.

 

42.  Cartage Rates and Related Matters

 

4.1        Basis of Cartage Rates

 

Cartage rates for Operators are based on:

 

(a)        (subject to Schedule "2") a monthly retainer fee of (A); and

 

(b)        per load; and

 

(c)        for the first kilometre (or part kilometre) and then ½ (C) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried with a minimum payment of three (3) times (C).

 

 

Notation: refer to Schedule "1 "for the amounts referred to in this clause by way of a capital letter.

 

Notation: the cartage rates arising from this clause are exclusive of GST, refer to the Boral GST Protocol (Facilitation and Compliance) Contract Determination.

 

4.2        Surcharges

 

In addition to the cartage rates in clause 4.1 where appropriate an Operator shall be paid the following surcharges:

 

(a)        Mixing in the Yard

 

An Operator will be paid a fee of (D) of Schedule 1 per load to mix and discharge concrete within the boundaries of a plant. If an operator owns their own mixer "I" of Schedule 1 will be added to the fee.

 

(b)        Waiting Time

 

An Operator will be paid at the rate prescribed in item (E) of Schedule 1 for all time spent on site waiting to discharge and/or discharging the load which is beyond 40 minutes. Such payment will be calculated to the nearest completed whole minute.

 

(c)        Out of Hours Surcharges

 

(i)         Normal delivery hours shall be 6.00am to 5.00pm Monday to Friday and 6.00am to 1.00pm Saturday. For the determinations made under this clause, time shall be the time of completed loading. It is the Operator's responsibility to ensure that the load is correctly mixed and of the desired consistency to achieve the specified slump on site, prior to leaving the plant. Should the load not be mixed to its desired consistency due to batching error, the delivery docket will be re-stamped upon the load reaching the required consistency in conformity with required specifications.

 

(ii)        Surcharge Rates - in addition to the cartage rates in clause 4.1, an Operator will be paid at the rate prescribed in item (H) of Schedule 1 per load with respect to product delivered outside normal delivery hours Monday to Saturday, or Item M of Schedule 1 per load with respect to product delivered on Sundays or Public Holidays.

 

(iii)       Where an Operator is required to remain at the plant to make a delivery outside normal delivery hours they will be paid for each completed half hour after normal delivery hours at the rate prescribed in item (G) of Schedule 1 where no load is received following the expiration of the initial half hour.

 

(iv)      An Operator will receive item (N) of Schedule 1 where an Operator has completed their cartage work in normal delivery hours has left the plant and then been recalled for work in the following circumstances:

 

(A)       Public Holidays;

 

(B)       Sundays;

 

(C)       Saturday before 5.00am or after 1.00pm; or

 

(D)       Monday to Friday after 6.00pm or before 5.00am.

 

In the cases of (C) & (D) only, when the cumulative value of surcharges paid is equal to or exceeds item (N) the payment shall not be paid. If the total surcharge value paid is less than (N) the balance equal to the payment will be paid.

 

 

(d)        Multiple Discharge Points and Customers

 

(i)         Multiple Discharge Points - Payment for cartage work covers the total distance travelled. Additional km travelled will be added to the ticket and paid as if the original load was carried for the entire distance plus waiting time, if applicable, commencing from the arrival at the first delivery point.  Waiting time is only applicable after the expiration of the appropriate time allowance as in Clause 4.2 (b).

 

(ii)        Multiple Customers - Each delivery shall be treated for the purpose of payment as separate deliveries.

 

(e)        Diverted Loads

 

Diverted loads are loads that are intended for delivery to a particular customer but discharge of the load does not commence and the Operator is directed to deliver the load to an alternative location.  In this case the Operator will be paid as follows:

 

(i)         Direct Diversion - Where a load is diverted en route an Operator will be paid normal cartage rates covering the total distance travelled from initial departure from the plant to the ultimate delivery point of the load, plus waiting time payment whilst awaiting diversion advice.

 

(ii)        Return to Plant and divert - It is thereafter treated as a new load.

 

(iii)       Return to Plant and Dumped - When 1.0 cubic metre or more of concrete is returned to the plant and dumped cartage will be paid as if the delivery had been successful, with the additional payment of item (F) per kilometre for the return journey.

 

(iv)      Return to Plant and Subsequently Dumped Outside Plant - Where Boral directs any diverted load that has been agitated in the yard to be taken to another site and dumped, an Operator will be paid at the rate specified in Schedule 1 item (C) for the first kilometre (or part kilometre) and then ½ (C) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried with a minimum payment of three (3) times (C).

 

(f)         Road and Bridge Tolls

 

Where an Operator is required to pay a road and/or bridge toll whilst performing cartage work then such road and/or bridge toll shall be paid by Boral, provided that both the outward and return journey are travelled by the shortest practicable route (this includes daily plant transfers).

 

(g)        Transfer Rates

 

(i)         Transfer Rates - An Operator will be paid at the rate prescribed in item (F) of schedule 1 for the first kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the vehicle travels between approved locations.

 

(ii)        Transfer payments will be paid if a vehicle is transferred empty between plants with payment based upon the shortest legal distance to the nearest half a kilometre. When returning to the vehicles nominated plant the transfer payment will be based upon the net difference between the kilometre rate for any return load and additional distance travelled.

 

(h)        Awaiting Diversion Advice & Material Transfer With The Plant

 

When an Operator is required to

 

(i)         agitate any quantity of concrete within the plant whilst awaiting diversion advice; or

 

 

(ii)        material transfer within the plant

 

they will be paid at the rate of (T) of Schedule 1 per completed minute.

 

(i)         Left Over Concrete

 

(i)         All concrete remains the property of Boral and accordingly Boral reserves the right to direct where concrete is to be taken or if and where it is to be dumped.  The Operator shall contact Boral for instructions as soon as possible in this regard.  No payment shall be made other than that arising from the delivery itself when concrete is dumped in the vicinity of the original job site.

 

(ii)        When 1.0 cubic metre or more of left over concrete is returned to the plant the Operator will be paid at the rate prescribed in item (F) of Schedule 1 for the first kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried;

 

(iii)       When the Operators vehicle is used to dispose of left over concrete by returning to the source plant, as a result of pump line "blow back" the Operator will be paid at the rate prescribed in item (F) of Schedule 1 for the first kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried. In addition to this payment the Operator will be paid at the rate of item (E) per completed minute for time spent between completing the discharge of the load and completion of loading the "blow back".

 

(iv)      When left over concrete is not returned to the source plant an Operator will be paid for the total distance travelled from the initial departure from the plant to the ultimate discharge point of the load at the rate prescribed in item (C) of Schedule 1 for the first kilometre (or part kilometre) and then ½ (C) per half kilometre thereafter (rounded up to the nearest half kilometre).  In addition to this payment the operator will be paid at the rate of item (E) per completed minute for time spent unloading and/or waiting to unload at the ultimate discharge point.

 

4.3        Variation of Cartage Rates and Surcharges

 

The cartage rates and surcharges set out in Schedule 1 shall be varied in accordance with the provisions of Schedule 3.

 

4.4        Award Benefits Etc

 

(a)        The following payments are provided for in the cartage rates and surcharges payable to an Operator under this Part B:

 

(i)         all benefits and entitlements under the Award;

 

(ii)        20 days annual leave;

 

(iii)       34.8 hours of long service leave per annum; and

 

(iv)      superannuation at the prevailing statutory rate.

 

(b)        Should there be any variation to the entitlements under the Award, the appropriate cartage rate and/or surcharge will be adjusted accordingly at the relevant review date.

 

(c)        An Operator may take the leave entitlements in accordance with the Award but, if required by Boral, their vehicle must be available with a relief driver when they are taking the above entitlements provided that Boral will:

 

(i)         allow an Operator to withdraw their vehicle from performing the cartage work each year for a period of up to two weeks for the taking of annual leave at a mutually agreeable time that disrupts Boral's business the least; and

 

(ii)        if the utilisation rate falls below 900 loads per annum, not require an Operator to provide a relief driver when on approved leave.

 

4.5        Minimum Earnings

 

In the event that an Operator does not cart at least 900 loads of concrete in a financial year, Boral shall adjust their earnings to effect a deemed number of loads carted of 900 at the applicable per load rate. Provided that if an Operator's vehicle has been absent from performing cartage work on regular days the deemed number of loads shall be reduced at the rate of 4 per day absent.

 

5.  Cartage Accounts

 

5.1        Preparation Of Cartage Accounts

 

Boral shall prepare cartage accounts in accordance with dockets issued by Boral to an Operator during the course of the accounting period.

 

5.2        Cartage Account Details

 

An Operator's accounts, as prepared by Boral, shall be itemised on a daily basis which shall include for each load: date, docket number, job address, load fee, paid kilometres, surcharges and total payment.

 

5.3        Payment Of Cartage Accounts

 

Cartage accounts shall be paid on the following basis:

 

(a)        the first monthly retainer shall be due in advance;

 

(b)        subsequent monthly retainer payments shall be paid monthly (this continues to be a payment in advance);

 

(c)        cartage earnings (other than the monthly retainer) shall be calculated twice monthly and paid within ten days of the last day of the period; and

 

(d)        payment will be by electronic funds transfer into the Operator's nominated bank account.

 

5.4        Recent Account Discrepancies

 

Account discrepancies relating to the immediately preceding pay period shall be settled promptly and in no case later than fourteen (14) days from the date of written submission of the discrepancy.

 

5.5        Older Account Discrepancies

 

Account discrepancies relating to other than the immediately preceding pay period and up to twelve (12) months previous shall be settled within thirty (30) days from the date of written submission of the discrepancy. Over one year account discrepancies are to be settled as soon as practicable.

 

5.6        Adjustment Following Settlement Of Account Discrepancy

 

Where, following settlement of an account discrepancy, an adjustment to cartage payments is required, then such adjustment shall be made in the pay period following settlement.

 

 

 

 

5.7        Purchases Other Than Fuel

 

Where an Operator purchases any item other than fuel from Boral, or where goods are purchased on an Operator's behalf by Boral, Boral may deduct from an Operator's cartage payments an amount equal to the value of the purchase provided Boral has written authorisation to make such deduction.

 

5.8        Fuel Purchases

 

Boral may deduct from an Operator's cartage payments an amount equal to the value of any fuel purchased from Boral. The price of the fuel shall not be adjusted retrospectively.

 

5.9        Overpayment By Boral

 

When an Operator is overpaid, Boral shall submit an adjustment account to the Operator which shall be determined within fourteen (14) days from the date of submission for the immediately preceding pay period or thirty (30) days for all other claims. Following determination of the overpayment, the deduction shall be from the next cartage payment due.

 

5.10      No Other Deduction Or Purchases

 

Except as provided for in clause 5, no:

 

(a)        deductions can be made from an Operator's account without an Operator's prior written approval; and

 

(b)        purchases are to be made on Boral's account without prior written approval.

 

5.11      Section 127 Statement

 

An Operator shall complete and provide to Boral a section 127 statement each quarter in the terms set out in Annexure 3.

 

6.  Living Away from Home

 

6.1        Being Away From Home

 

(a)        When an Operator is engaged in work which precludes them from reaching their usual place of residence at night they shall receive the benefits and conditions as detailed in the Award.

 

(b)        To avoid any doubt, this clause shall not apply to movements within the Sydney Metropolitan Area.

 

6.2        Notice Of Being Away From Home

 

Where an Operator is required to transfer to a working area which precludes them from returning to their normal place of residence each night, Boral wherever possible shall provide them with at least twenty four (24) hours prior notice of the request.

 

6.3        Period Of Working Away From Home

 

Where an Operator is transferred outside the Sydney Metropolitan Area, such transfer shall be for a period not exceeding seven (7) days duration or longer by mutual agreement and shall be done from a cyclic transfer roster.

 

6.4        Transfer Payments

 

(a)        When an Operator is transferred in accordance with this clause, they shall be paid transfer payments at the rate of item (F) of Schedule 1 per kilometre or part thereof that they are required to travel to and from the directed transfer location.

(b)        A transfer docket must be issued by Boral to an Operator prior to departure, wherever practicable, otherwise on arrival at the destination.

 

(c)        Should a transfer be cancelled or redirected the relevant transfer docket shall be adjusted by Boral immediately on an Operator's return to the plant from which they were originally transferred.

 

7.  Statutory Requirements and Insurance

 

7.1        Compliance With Laws

 

An Operator shall comply with the provisions of all relevant statutes and regulations made there under in relation to the use or operation of their vehicle and they shall ensure payment of all lawful fees, licences and taxes in relation thereto.

 

7.2        Variation of Statutory Requirements

 

Any variation in statutory requirements increasing the cost of performing the cartage work shall be taken into account when next varying the cartage rates.

 

7.3        Insurances

 

An Operator shall arrange and keep current insurance cover whilst working under this Part B in respect of:

 

(a)        motor vehicle comprehensive including third party property;

 

(b)        motor vehicle compulsory third party;

 

(c)        worker's compensation for all employees, including casuals of an Operator's Company;

 

(d)        public liability;

 

(i)         public liability cover to the value of $10 million;

 

(ii)        public liability for mixer damage (extension) $40,000 limit;

 

(iii)       public liability for wrong delivery (extension) $500,000 limit; and

 

Notation: insurer may roll these policies into one.

 

(e)        sickness and accident cover.

 

7.4        Submission of Insurance Documents Etc

 

All relevant insurance policies, registration certificates and driver licences are to be submitted to Boral for perusal, verification and return prior to the commencement of an Operator's engagement and thereafter upon demand within fourteen (14) days of request.

 

7.5        Provision of Photocopies

 

An Operator will upon request provide photocopies of any of the above documentation, other than the driver's licence which will be produced for sighting and verification only.

 

7.6        Endorsements For Public Liability

 

All public liability insurance shall be endorsed to:

 

(a)        extend to provide indemnity to Boral as Principal;

(b)        contain a waiver of subrogation from the insurer in favour of Boral as Principal; and

 

(c)        contain a cross liability clause.

 

8.  Loads

 

8.1        Load Size

 

The customer's requirements or technical requirements will determine the actual load size however Boral and the Operator are jointly committed to ensuring that the legal carrying capacity of the vehicle and the rated capacity of the mixer are not exceeded.

 

8.2        Daily Loading Procedure

 

(a)        The initial daily starting order will be in accordance with the Access to Cartage Work System as set out in Annexure 5.

 

(b)        All vehicles will then be loaded in order of their return to the plant except:

 

(i)         mini mix vehicles which may be preferentially loaded;

 

(ii)        single load or message greater than the mixer capacity or legal carrying capacity of the vehicle next in line which may be preferentially loaded;

 

(iii)       articulated vehicles which may be preferentially loaded;

 

(iv)      vehicles with returned concrete (where it is impractical due to facility or time constraints to transfer the returned concrete to the next vehicle in line) which may be preferentially loaded; and

 

(v)       work pool vehicles who will be loaded in accordance with Annexure 5.

 

8.3        Notification For Next Day

 

The initial loading time and the initial plant from which such loading is to occur shall be notified by Boral to an Operator before the end of normal operating hours.

 

9.  Hazardous Approach to Job Site

 

9.1        Hazardous Approach To Job Site

 

(a)        An Operator shall have the right to refuse to enter upon ground which they consider unsafe or hazardous.

 

(b)        If an Operator does refuse entry and the delivery is completed on that day by other vehicles (whether Boral or Operator vehicles) without the use of additional equipment and / or site access improvements by the customer, then the Operator shall not be paid for the delivery or return cartage unless the load has been diverted to another job in which case the delivery to the alternate location shall be paid as if it were a new delivery from the plant where batched to the alternate location.

 

9.2        Payment After Unsuccessful Entry

 

If an Operator has notified the plant of the unsafe or hazardous job site and/or approach but attempts unsuccessfully to enter, they shall be paid for the cartage as if the delivery had been successful even if the delivery is ultimately completed, as stated in clause 9.1 (b).

 

 

 

9.3        Refusal To Enter

 

In all cases if an Operator refuses to enter and the delivery is not completed on that day without the use of additional equipment they will be paid the total cartage rate to the job site plus return cartage if the load is returned to the plant, on Boral's instructions, unless the load is diverted to an alternate location in which case they will be paid in accordance with clause 4.2 (e).

 

9.4        Bogged Vehicles

 

(a)        Where an Operator goes beyond the kerb to complete a delivery and their vehicle becomes bogged or is otherwise rendered inoperative as a consequence of such attempted delivery, Boral shall arrange the services of an experienced salvage contractor to extricate the vehicle as soon as practicable and shall bear all costs for those arrangements.

 

(b)        Boral shall ensure that the salvage contractor selected is covered by an appropriate insurance policy to rectify any damage that the salvage contractor may cause to the Operator's vehicle during the extrication process.

 

(c)        Provided further that the provisions of clause 9.4 (a) and (b) shall not apply where the vehicle becomes bogged or inoperative as direct result of an Operator's negligence.

 

(d)        If the circumstances in clause 9.4 (a) arise, the Operator will continue to paid their monthly retainer in accordance with clause 4.1 provided that the Operator:

 

(i)         did not become bogged or inoperative as a result of their own negligence;

 

(ii)        complied with all directions given by Boral in relation to the load;

 

(iii)       complied with all reasonable direction given to the Operator by the customer; and

 

(iv)      complies with clause 10.5.

 

10.  Availability of a Suitable Prime Mover

 

10.1      Vehicle Image Etc

 

(a)        Operators' vehicles are an integral part of Boral's business strategy.  They need to reflect an image of quality and provide the level of performance and necessary reliability to consistently meet Boral's operating standards.

 

(b)        As far as practicable an Operator shall keep their prime mover clean and tidy. Boral will monitor the presentation and image of prime movers to ensure that the appropriate standard is maintained.

 

(c)        All cleaning materials and equipment necessary for cleaning the prime mover shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

 

10.2      Obligation To Ensure Vehicle Presented For Work

 

It is an Operator's obligation on each regular day unless rostered off, to personally supply, man, or have manned by approval, operate, and keep serviceable, their vehicle. Any variation to this obligation will require agreement of both the Operator and Boral.

 

10.3      Boral Approval To Introduce A Prime Mover

 

No prime mover shall be brought into service without prior notification in writing by an Operator and written approval by Boral.

 

 

 

10.4      Weighbridge Certificates

 

(a)        When an Operator introduces a vehicle into Boral's fleet and the mixer is fitted, tare and gross weight certificates from a registered weighbridge must be provided by an Operator to Boral.

 

(b)        Where there is any subsequent change to the vehicle tare and gross weight certificates from a registered weighbridge a copy will be provided again, by an Operator to Boral.

 

(c)        Boral will pay the costs of any weighbridge certificates and transfer fees incurred in obtaining such certificates. All weighing is to be conducted at a mutually agreeable time.

 

(d)        Boral may have a representative present during any weighting of the vehicle at a registered weighbridge.

 

10.5      Repair Of Unserviceable Prime Mover

 

An unserviceable prime mover shall be repaired as soon as practicable by an Operator.

 

10.6      Notification To Boral Of Non Attendance

 

Where an Operator is unable to report for work with their vehicle they shall arrange for Boral to be informed at the earliest possible moment of the reason and the anticipated period of absence.

 

10.7      Roads & Traffic Authority

 

(a)        Where an Operator is required to submit their vehicle to the Roads & Traffic Authority for annual inspection, they shall inform Boral of the date for inspection four (4) weeks prior to inspection.

 

(b)        Subject to Clause 16.3, if a re-inspection is required due solely to a defective mixer, then a transfer fee of item (F) for the first kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the nearest half kilometre) will be paid by Boral to an Operator for the total distance travelled to the nominated inspection station from the nominated plant and back, plus any inspection fees payable.  In addition Boral will pay an Operator at the rate of item (G) of Schedule 1 per hour or part thereof for all time lost each day that they are prevented from performing the cartage work to a maximum of eight (8) hours each day. To avoid any doubt, during this time the Operator will continue to be paid their monthly retainer.

 

10.8      Prime Mover Supply, Configuration and Age

 

An Operator shall supply a prime mover (and any replacement prime mover), which must:

 

(a)        be of a configuration agreed to with Boral;

 

(b)        comply with the relevant configuration prime mover specification in Annexure 1; and

 

(c)        not be older than the maximum prime mover age.

 

10.9      Prime Mover Running Costs

 

An Operator shall pay all of the running costs for their prime mover.

 

11.  Responsibility for Slump, Mixing & Delivery

 

11.1      Changes To Concrete Mix

 

Boral shall provide an Operator, whenever practicable, with advice of any major changes to the source of concrete mix ingredients which are likely to affect the visual assessment of the slump.

 

11.2      Mixing The Load

 

An Operator shall ensure that the load is properly mixed as reasonably required by Boral and that the slump of the concrete, immediately prior to discharge, is in accordance with the requirements of the latest revision of Australian Standard AS1379 and or the drivers handbook. The tolerances for the specified slumps are listed below unless they have been varied by negotiations (e.g. for specific projects):

 

Specified Slump	Tolerance
Less than 60mm	+ or - 10mm
60mm up to and including 80mm	+ or - 15mm
Greater than 80mm up to and including 110mm	+ or - 20mm
Greater than 110mm up to and including 150mm	+ or - 30mm
Greater than 150mm	+ or - 40mm

 

11.3      Checking After Loading - Slump

 

After loading the vehicle and before leaving the plant, an Operator must:

 

(a)        check the slump of the load;

 

(b)        immediately report to plant staff if they think that upon delivery the slump will not be within the tolerance specified on the delivery docket; and

 

(c)        add water to bring the load to the required slump using the designated hose (and report to the plant staff the quantity of water added).

 

11.4      Minimum Mixing Requirements

 

(a)        An Operator must mix the concrete for at least the minimum mixing time.

 

(b)        The minimum mixing time for mixing concrete under AS1379 is 4 minutes at the mixer manufacturers rated mixing speed (approximately 16 revolutions per minute) at the batch plant and a minimum re-mix of 1 minute at the rated mixing speed (approximately 16 revolutions per minute) or to customers requirements before discharging on site. Where a high range water reducer is added to the load on site a minimum re-mixing time of three (3) minutes applies.

 

11.5      Minimum Mixer Revolutions

 

Unless instructed otherwise by plant staff, the mixer drum must be kept turning at a minimum of 2 revolutions per minute at all times (except during mixing) when it contains concrete.

 

11.6      Added Water

 

Boral will make every reasonable endeavour to ensure that the total batch water in a load of concrete is within 10% of the designed batch water.

 

11.7      Visual Inspection Of Load Before Leaving The Plant - Irregularities

 

(a)        An Operator shall visually inspect each load prior to leaving the plant and shall advise Boral of any apparent unusual features of the load which may have occurred due to any reason including but not limited to batching error, plant failure, contamination and/or Operator error.

 

(b)        Subject to Clause 11.10, an Operator shall not be responsible for or have their cartage payment rejected or withheld due to undetected irregularities of the load which could not be reasonably detected.

 

 

11.8      Adding Water To Adjust The Slump - Before Discharging on Site

 

Should the slump need to be adjusted by adding water to the concrete before discharging an Operator must:

 

(a)        adjust the concrete to within the tolerance of the slump specified on the delivery docket;

 

(b)        ensure the water is fully mixed through the load;

 

(c)        ensure the amount of water added and or the estimated slump is recorded on the docket; and

 

(d)        make every reasonable endeavour to obtain the signature of the customer for all water added at the customer's request.

 

11.9      Adjusting the Slump at Request of Third Party

 

If Boral has removed an Operator's right to adjust the slump of a load on the job site, and they are requested by a third party to adjust the slump of the load, and Boral approves such adjustment, and the load is rejected on the basis of water addition and/or non compliance with the nominated slump tolerance, then Boral shall pay the Operator for the delivery as if the load had not been rejected.

 

11.10    Rejection Of Load Due To Slump

 

Subject to clause 11.9, 11.14 and 11.5, when a load is rejected at a job site because the slump is outside the nominated tolerance contained herein, or an Operator has not visually inspected the load prior to leaving the plant an Operator shall not be paid for the cartage work unless the Operator has recorded the additional water and made every reasonable endeavour to obtain a signature from the customer approving such addition resulting in the slump exceeding the nominated tolerance.  Should the Operator fail to obtain such a signature they must indicate the addition of water on the docket.

 

11.11    Obtaining Signatures For Acceptance of Delivery

 

(a)        At the job site an Operator shall make every reasonable endeavour to obtain a signature for acceptance of the delivery, as well as all associated charges, and it shall be an Operator's responsibility to contact the plant immediately by two way radio or telephone when a problem arises in obtaining a signature from the customer as required by Boral.

 

(b)        Boral may not pay an Operator any surcharges associated with the load if there is no verification or acknowledgement of the charges by the customer.

 

11.12    COD Customers

 

(a)        An Operator shall make every endeavour to collect money from COD customers for all concrete charges, including waiting time. All monies collected shall be submitted in full to the Manager or Plant Supervisor as soon as possible on return to the plant.

 

(b)        Boral will not pay an Operator the waiting time accrued with a COD customer if they:

 

(i)         have not requested payment for such waiting time from the customer; or

 

(ii)        fail to notify plant staff of monies owing due to waiting time prior to despatch of the last load to the customer's project on that day.

 

(c)        The Operator must follow Boral procedures when collecting any cheques subject to being informed and inducted into any such procedure.

 

(d)        An Operator shall immediately advise Boral where practicable by two way radio or telephone when a COD payment is not collected or a dispute arises between an Operator and the customer.

 

(e)        An Operator is not required to carry a float for the purposes of providing a change facility.

 

(f)         An Operator shall take all due care for any money collected and Boral shall provide a written acknowledgement for all monies deposited with them.

 

11.13    Dumped Load

 

Where a load is dumped an Operator shall not be liable to compensate Boral unless the loss occurred as a direct result of their negligence or misconduct.

 

11.14    Delivery To Kerb Making Machine

 

Subject to clause 11.4, 11.5 and 11.7 (a), in the case of a delivery of concrete to a kerb making machine, an Operator shall assume no responsibility for the slump of the load as it is delivered in an "as batched" condition. Notwithstanding, the appearance of the machine kerb mix should resemble "rabbit pellets".

 

11.15    High Range Water Reducer

 

(a)        Where a high range water reducer is added on site:

 

(i)         No high range water reducers are to be added unless authorized by Boral.

 

(ii)        The high range water reducer must be added and mixed through the load in accordance with Boral's procedures.

 

(b)        Where a high range water reducer is added during batching:

 

(i)         it is Boral's responsibility to advise the Operator that such a high range water reducer has been added and the likely effect of this admixture on the concrete; and then

 

(ii)        it is the Operator's responsibility to ensure that the concrete with a high range water reducer added during batching is delivered in accordance with clause 11.2.

 

11.16    Reused Concrete

 

Where more than 0.8 of a cubic metre is returned and is re used and is more than one and one half hours old, and topped up, Boral shall assume full responsibility for the load, thus excluding an Operator from responsibility for the slump of the load subject to them meeting the requirements under clause 11.3, 11.4, 11.5 and 11.7(a).

 

11.17    Load Limit

 

It is the Operator's responsibility to advise Boral if their vehicle is unable to carry the volume of concrete stated on the delivery docket.

 

12.  Rostering & Access to Cartage Work

 

12.1      Rosters

 

Boral will operate:

 

(a)        a daily start roster;

 

(b)        a period (not exceeding one month) transfer cyclic roster;

 

(c)        a roster off roster (Notation: in the operation of roster off rosters Boral does not intend to require Operators to remain at work unless they genuinely believe that they are or may be required to service customers); and

 

(d)        such other rosters as Boral require from time to time to efficiently operate its business.

 

12.2      Access To Cartage Work System

 

Boral will provide the opportunity for cartage work to Operators in accordance with the Access to Cartage Work System as set out in Annexure 5.

 

 

13.  Breakdowns

 

13.1      Transfer Of Vehicles Due To Plant Breakdown

 

(a)        In the situation of a plant breakdown sufficient vehicles should be transferred to the plant where the work is being diverted to, in order to provide sufficient customer service.

 

(b)        Where it is likely that the plant is out of production for the rest of the day, then an Operator will either be transferred or given permission to finish work for the day. Such decision is to be made within two (2) hours of the initial breakdown.

 

13.2      Assistance When Mixer Or Vehicle Is Broken Down

 

An Operator shall initially assist in every practicable way to remove the concrete from the mixer when a breakdown of the mixer or an Operator's vehicle occurs under load. An Operator is not required to participate in the removal of hardened concrete from the mixer save for the operation and positioning of the mixer to assist in concrete removal.

 

 

14.  Communication Equipment

 

14.1      Installation Of Communication Equipment

 

An Operator shall agree to the installation of two way radio and any other communication equipment required by Boral in or on their vehicle. All equipment shall be installed by Boral's approved technician and such installation shall be of a professional standard. The installation shall include all necessary equipment and the complete installation shall be undertaken at no cost to an Operator. Such equipment is to be positioned to an Operator's reasonable satisfaction.

 

14.2      Removal Of Communication Equipment

 

When such communication equipment is removed Boral shall make good the bodywork.

 

14.3      Taking Care Of The Communication Equipment

 

An Operator shall take due care to ensure adequate protection of the communication equipment but shall not be liable for any theft of it while the vehicle is in a Boral plant or any other approved location.

 

14.4      Operation Of Communication Equipment

 

The communication equipment is to be properly operated by Operators and appropriate procedures are to be followed as determined by Boral following the undertaking of any relevant training (which should be undertaken during working hours where practicable).

 

14.5      Maintenance Of Communication Equipment

 

Boral shall be responsible for the maintenance of the two way radio and other communication equipment.

 

 

 

14.6      Installation And Removal During Normal Operating Hours

 

Installation or removal of communication equipment will be carried out during normal working hours or at times agreeable to both parties.

 

15.  Provision of Mixer

 

15.1      Provision Of Mixer

 

Boral shall be responsible for the provision of a mixer in accordance with the relevant mixer specification for an Operator's vehicle configuration and its safe and proper initial fitting to their prime mover in accordance with the specifications of the respective manufacturers including the supply of "U" bolts, clearance lights, mud flaps and a protective chassis/mixer cover plate mutually acceptable to Boral and the Operator.

 

15.2      Mixer Removal By Boral

 

If a mixer is required by Boral to be removed at any time for any reason, the total cost of mixer removal and replacement shall be borne by Boral.

 

15.3      Mixer Removal By Operator

 

If an Operator requires the mixer to be removed to effect repairs that cannot be otherwise effected without the removal of the mixer, then the total cost of the mixer removal and replacement shall be borne by Boral provided that such repairs are not for the purpose of painting, inspection, sandblasting, or repairing or modifying the prime mover chassis.

 

15.4      Responsibility After Fitting

 

After the initial fitting referred to in clause 15.1 an Operator shall be responsible for the mixer being properly secured to their vehicle. An Operator shall be responsible for all maintenance and replacement of clearance tights, globes and mud flaps and statutory signs. Mud flaps shall be supplied to an Operator by Boral free of charge.

 

15.5      Adjustment Of U Bolts

 

(a)        By mutual agreement an Operator may have the "U" bolts adjusted by a qualified mechanic and the costs incurred shall be paid by Boral provided that Boral's workshop shall have the opportunity of undertaking the adjustments.

 

(b)        Boral shall pay to an Operator a transfer fee at the rate of item (F) of Schedule 1 for the first kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the nearest half kilometre) to and from the workshop.

 

15.6      Removal Of Mixer On Termination Of Engagement

 

(a)        The mixer shall remain the property of Boral and on completion of its use at the termination of an Operator's engagement it shall be removed by Boral at a location nominated by Boral at a time mutually agreed between the Operator and Boral but in any event, within forty eight (48) hours.

 

(b)        Boral shall pay to an Operator a transfer fee at the rate of item (F) of Schedule 1 per km or part thereof to and from the nominated location.

 

(c)        An Operator shall be paid at the rate of item (L) of Schedule 1 per hour by Boral for such time involved in the removal of the mixer from their vehicle where such time involved is for a period greater than four (4) hours at the nominated location.

 

 

 

15.7      Provision Of Crank Shaft Protection

 

Boral shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take off unit.

 

15.8      Modifications etc To Mixer

 

All modification and fitting work to the mixer is to be done expeditiously and in any case not longer than five (5) working days. Boral shall pay an Operator item (L) of Schedule 1 per hour, limited to eight (8) hours per day for each day so detained in excess of the five (5) working days limit. To avoid any doubt, during such modification and fitting work the Operator will continue to be paid their monthly retainer.

 

16.  Mixer Care and Maintenance

 

16.1      Washing Out The Mixer

 

An Operator shall exercise all reasonable care for the mixer.  The mixer shall be thoroughly washed out internally and cleaned down externally to ensure as far as practicable that there is not build up of concrete and so as not to affect the mixing efficiency, carrying capacity and visual appearance of the mixer.

 

16.2      Provision Of Cleaning Materials Etc

 

All cleaning materials and equipment necessary for cleaning the mixer shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

 

16.3      Reporting Mixer Maintenance Requirements

 

An Operator shall report any and all apparent mixer maintenance requirements to Boral who shall undertake any required repairs as soon as reasonably practicable.

 

16.4      Mixer Repairs

 

(a)        An Operator shall convey the mixer to the workshop for repairs or maintenance as requested by Boral.

 

(b)        An Operator shall be paid for transfers to and from the workshop at the rate of item (Y) of Schedule 1 per km or part thereof and the forward and return journey shall be treated separately. A means shall be provided by Boral at Boral's cost to convey the Operator to their place of residence or plant whichever is the lesser distance and return them to the workshop as and when required.

 

16.5      Minor Maintenance Of Mixer

 

(a)        The Operator shall be responsible for all minor maintenance of the mixer to the satisfaction of Boral, such as topping up oil.

 

(b)        Subject to the provisions of clause 15 all spare parts, and specialised tools, materials and equipment for the mixer shall be provided by Boral.

 

(c)        Boral shall be responsible to provide regular maintenance and servicing of the hydraulic components on any hydraulic mixer in accordance with the manufacturer's recommendations.

 

16.6      Removal Of Hardened Concrete

 

(a)        It is the Operator's responsibility to inform Boral if concrete build up impedes the carrying capacity and or mixing efficiency.

 

(b)        Subject to clause 16.6(a), Boral shall be responsible for the removal of hardened concrete build up from the inside of the mixer (a process commonly known as de-dagging) for the first two occasions in a calendar year, provided that if an Operator's mixer requires de-dagging more than twice in a calendar year, they shall be responsible for such de-dagging unless in the period since the last de-dagging the Operator carted more than 30% of their loads in excess of 50 mpa, low slump concrete, kerb mix and/or no fines in which case Boral shall be responsible for the de-dagging.

 

(c)        All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between an Operator and Boral.

 

(d)        All de-dagging will be completed as soon as practicable.

 

16.7      Major Maintenance of Mixer

 

Boral shall be responsible for all major mixer maintenance. Such repair or maintenance requirements will be carried out wherever practicable outside normal operating hours and all work will be completed as soon as practicable and without delay.

 

16.8      Provision Of Fuel For The Mixer

 

An Operator is responsible for the provision of the fuel to run the mixer.

 

16.9      Parking Of Mixer

 

Boral's mixer is to be parked only in places approved by Boral. An Operator is not responsible for any loss or damage to Boral's mixer when so parked. Where approval is not given for the mixer to be parked at a location requested by an Operator, then the Operator assumes responsibility for all loss and damage to Boral's mixer when so parked.

 

16.10    Damage To Mixer

 

Subject to clause 16.9, an Operator shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.

 

16.11    Cease Using The Mixer For Repairs, Servicing Etc

 

An Operator must stop using the mixer (or any part of it) if Boral so directs because in Boral's opinion that is appropriate pending the carrying out of any repairs provided that if an Operator's vehicle is required for more than two working days to carry out the repairs they shall be paid by Boral at the rate of item (L) of Schedule 1 per hour up to a maximum of eight hours each day. To avoid any doubt, during such repairs the Operator will continue to be paid their monthly retainer.

 

16.12    Replacement Of Mixer

 

If Boral decides to replace an Operator's mixer they must make their vehicle available provided that if their vehicle is required for more than five working days to carry out the replacement they shall be paid by Boral at the rate of item (L) of Schedule 1 per hour up to a maximum of eight hours each day. To avoid any doubt, during such replacement work the Operator will continue to be paid their monthly retainer.

 

17.  Painting and/Or Signwriting

 

17.1      Boral To Periodically Paint

 

Boral shall periodically paint and/or signwrite the vehicle to its specification.

 

 

 

17.2      Quality Of Painting

 

Paint used will be of a quality that is acid resistant and capable of withstanding the arduous conditions of the industry. The painting shall be undertaken by a recognised truck painting contractor and the standard of finish shall be not less than that provided by tradesmen specialising in this field.

 

17.3      Preparation For Painting

 

All necessary surface preparations and procedures recommended by the paint manufacturers shall be adhered to.  An Operator shall be responsible for the provision of a sound painting surface of the vehicle, including but not limited to the rectification of corrosion, prior to presentation for painting.

 

17.4      Time Of Painting

 

All painting is to be done, weather permitting, within the estimated time for the following situations:

 

(a)        vehicle 10 days;

 

(b)        prime mover only 5 days; and

 

(c)        prime mover and mixer frame (not including barrel) 6 days.

 

To avoid any doubt, during such time the Operator will continue to be paid their monthly retainer.

 

17.5      Period Of Painting

 

A vehicle shall be painted every 5 years or a longer or shorter period by mutual agreement.

 

17.6      Meaning Of Vehicle

 

To avoid any doubt, for the purposes of this clause "vehicle" shall mean the complete prime mover and mixer including all their components and external surfaces without exception.  The mixer shall be removed from the prime mover for painting.

 

17.7      Unacceptable Paint Finish

 

In the event that the paint finish of the vehicle is of a standard unacceptable to an Operator, they shall advise Boral prior to the vehicle being removed from the workshop.

 

17.8      Time Of Painting Excessive

 

Where painting exceeds the duration stated in clause 17.4 or where a vehicle has to be returned for repainting or painting repairs, an Operator shall be paid by Boral at the rate of item (L) of Schedule 1 per hour up to a maximum of eight hours each day. To avoid any doubt, during such time the Operator will continue to be paid their monthly retainer.

 

17.9      Removal Of Logos

 

An Operator will make their vehicle available to Boral for removal of all "stick on logos" from their vehicle whenever their vehicle is permanently removed from Boral's fleet.

 

17.10    Transport

 

A means shall be provided by Boral at Boral's cost to convey the Operator to their place of residence or plant whichever is the lesser distance and return them to the paint shop as and when required.

 

 

 

 

18.  Delegates

 

18.1      Recognition

 

An Operator appointed as Yard Delegate shall upon notification thereof to Boral by the Branch or Sub Branch Secretary of the Union, be recognised as the accredited representative of the Union.

 

18.2      Use Of Facilities

 

The appointed Union Delegate or Executive Delegate shall be provided with reasonable access to and use of a telephone free of charge for Union matters, provided that Boral's site staff are consulted.

 

19.  Nominated Driver

 

19.1      Use Of Nominated Driver

 

Except as expressly provided in this Part B an Operator shall:

 

(a)        only use a nominated driver who is approved by Boral having satisfactorily undertaken any assessment, testing their suitability to be a nominated driver; and

 

(b)        use their best endeavours to make sure that no one except the nominated driver drives their vehicle for the cartage work or operates the mixer.

 

Notation:

 

This clause applies to both nominated and relief drivers. Boral will pay for any assessment arising from clause 19.1 (a) but an Operator shall pay for the nominated driver's time in attending the assessment.

 

Any person driving an Operator's vehicle prior to the commencement of this Part B will not be required to undertake any assessment arising from clause 19.1(a).

 

19.2      Licences

 

An Operator shall:

 

(a)        make sure that the nominated driver is at all times the holder of a current driver's licence appropriately endorsed or issued in respect of their vehicle and:

 

(i)         immediately notify Boral if that licence is cancelled or suspended for any reason; and

 

(ii)        present that license to Boral upon request if needed to confirm that it is not cancelled or suspended; and

 

(b)        make sure that the nominated driver obtains any site safety induction card for construction/building site access.

 

19.3      Nominated Driver Fitness For Work

 

An Operator shall:

 

(a)        ensure that the nominated driver is at all times fit to perform the cartage work;

 

(b)        every twelve months supply Boral with written confirmation from a medical practitioner, that the nominated driver is medically fit to perform the cartage work; and

 

(c)        pay for the cost of any such medical provided that Boral will pay the cost if the nominated driver attends a medical practitioner of Boral's choosing.

 

19.4      Use Of Relief Driver

 

If the nominated driver cannot drive through illness or for other good reason, an Operator may use a relief driver but an Operator shall first obtain Boral's approval for the relief driver.

 

An Operator shall:

 

(a)        make sure that the relief driver is at all times the holder of a current driver's licence appropriately endorsed or issued in respect of their vehicle and:

 

(i)         immediately notify Boral if that licence is cancelled or suspended for any reason; and

 

(ii)        present that license to Boral upon request if needed to confirm that it is not cancelled or suspended;

 

(b)        make sure that the relief driver obtains any site safety induction card for construction/building site access; and

 

(c)        ensure that the relief driver is at all times fit to perform the cartage work.

 

 

20.  Uniforms

 

20.1      Dress

 

The nominated driver (and any relief driver) shall maintain an acceptable neatness of dress and appearance.

 

20.2      Uniform

 

(a)        Boral shall issue each Operator with a standard uniform issue and the nominated driver (and any relief drier) shall wear the uniform when performing cartage work.

 

(b)        Standard uniform issue shall be to a maximum of:

 

(i)         5 shirts;

 

(ii)        2 trousers or 3 shorts;

 

(iii)       3 pairs of socks;

 

(iv)      1 pair of steel capped boots (to be replaced on an exchange basis); and

 

(v)       jacket.

 

Notation: Double the issue of items (i), (ii) and (iii) when first issued.

 

20.3      Wet Weather Gear

 

Wet weather and safety gear is to be supplied in accordance with the Award by Boral and will be replaced on an exchange basis.

 

20.4      Uniform Replacement

 

Replacement of previously issued uniforms will be on the basis of replacement on return of used items.

 

 

 

 

21.  Amenities

 

21.1      Entitlement

 

All amenities are to be not less than those enjoyed by an employee driver. The appropriate facilities shall be maintained and kept thoroughly clean and hygienic at all times by Boral. Operators shall conduct themself in a tidy and appropriate manner and assist in meal room cleanliness.

 

22.  Major Change, Vehicle and Configuration Variation Etc.

 

22.1      Decision To Introduce Change

 

Where Boral has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Operators, Boral shall consult with the Consultative Committee (refer clause 25) about the changes and discuss the introduction of the changes, the effects the changes are likely to have on Operators and shall give prompt consideration to matters raised by the Consultative Committee.

 

"Significant effects" include termination of engagement, major changes in the composition, operation or size of Boral's fleet or in the work to be performed, the elimination or diminution of work opportunities, the alteration of usual hours of work etc.

 

22.2      Mandatory Consultation

 

Despite clause 22.1 and to avoid any doubt, if Boral believe that it is desirable to:

 

(a)        reduce or increase the number of Operator vehicles in the Operator fleet;

 

(b)        change the balance of vehicle configurations in the Operator fleet;

 

(c)        reduce or increase the number of company vehicles performing cartage work;

 

(d)        change the balance of vehicle configurations in the company fleet performing cartage work; and/or

 

(e)        introduce a new vehicle configuration into the company or Operator fleet,

 

Boral shall consult with the Consultative Committee (refer clause 25) about the changes and discuss the introduction of the proposed changes, the effects the changes are likely to have on Operators and shall give prompt consideration to matters raised by the Consultative Committee.

 

22.3      Boral's Right To Make Change

 

Having consulted in accordance with clause 22.2, Boral may:

 

(a)        (subject to clause 22.4) reduce the number of Operator vehicles;

 

(b)        increase the number of Operator vehicles;

 

(c)        (subject to clause 22.5) offer Operators the opportunity to change vehicle configuration (which may include a new configuration);

 

(d)        reduce or increase the number of company vehicles;

 

(e)        change the balance of vehicle configuration within the company fleet; and/or

 

(f)         introduce a new configuration of vehicle into the company fleet.

 

 

22.4      Boral Buffer Vehicles

 

(a)        Where Boral has decided to reduce the Operator fleet to zero, Boral may terminate the Head Contracts of all of the Operators. Provided that if Boral stagger the terminations they must terminate the Operator with the lowest score ascertained in accordance with Annexure 4 first and so on. Provided that if two or more Operators have an equal score the Operator with the shortest service will have their Head Contract terminated first and so on.

 

(b)        In all circumstances other than those set out in clause 22.4 (a), Boral may reduce the number of Operator vehicles only after having withdrawn all (ten) of the Buffer Company Vehicles from service (at some time after the commencement of this Part B and before commencing to reduce the original number of Operator vehicles in service at the commencement of this Part B) by:

 

(i)         calling for volunteers in the relevant configuration(s) of vehicle; and then

 

(ii)        terminating the Head Contract of the Operator in the relevant configuration(s) with the lowest score ascertained in accordance with Annexure 4 first and so on. Provided that if two or more Operators have an equal score the Operator with the shortest service will have their Head Contract terminated first and so on.

 

22.5      Configuration Change

 

(a)        Boral shall increase the number of Operator vehicles within a particular vehicle configuration by firstly calling for volunteers from existing Operators to move to the relevant configuration of vehicle.

 

(b)        To avoid any doubt, an Operator who has:

 

(i)         complied with the terms of any Change of Configuration Undertaking set out in their Head Contract; or

 

(ii)        has purchased a new prime mover so to comply with clause 10.8 (c) of this Part B,

 

cannot be compelled by Boral to change the configuration of their prime mover for the duration of their Head Contract.

 

23.  Development and Training

 

23.1      Objects, Purposes and Commitments

 

(a)        Boral and the Operators aim to be the best in the concrete business with a desire to meet and exceed Boral's customer's requirements. This will result in skilled Operators with viable businesses who will, enjoy being part of Boral's operations.

 

(b)        In addition to the initial induction and training at the time of engagement, Boral and the Operators recognise the mutual benefits of and accept a greater commitment to, ongoing training and development.

 

(c)        Boral will organise and pay for the costs of providing the necessary training, an Operator must attend. An Operator will be paid at the rate of item (K) per kilometre of Schedule 1 if an Operator is required to use their own vehicle.

 

(d)        Training where possible, will be structured to minimise the interference with an Operator's working day.

 

(e)        Training which takes a full day will be limited to 2 working days per annum. Payment for extensive training beyond this will be a matter for negotiation and payment will be made at the rate specified in item (L) of Schedule 1 plus reasonable expenses and travelling cost as in clause 23.1(c).

(f)         In addition, Boral will endeavour to make voluntary training programs (aimed at assisting an Operator in their business) available and these will be excluded from the provision of clause 23.1(b) to 23.1(e) inclusive.

 

(g)        All training will be conducted within the Sydney Metropolitan Area.

 

24.  Grievance and Disputes Procedure

 

24.1      Commitment

 

Boral, the Operators and the Union are jointly committed to this procedure and will promote the resolution of disputes/grievances by measures based on consultation, co operation and discussion and avoid interruption to the performance of cartage work and the consequential loss of production, earnings and profit.

 

24.2      Procedure Mandatory

 

All disputes shall be dealt with under this Clause.

 

24.3      Steps

 

Step I

 

When there is a disagreement, an Operator shall attempt to resolve the matter by negotiating with Boral or their representative on site.

 

Step 2

 

Where the matter is not resolved, the Yard Operator Delegate shall attempt to resolve the matter by negotiation with Boral or their representative on site. An Operator's Executive delegate or an Operator's representative may be party to further negotiations with Boral.

 

Step 3

 

If the matter remains unresolved an official of the Union and/or an Operator's nominated representative shall be party to continued negotiations with Boral.

 

Step 4

 

If the matter remains unresolved the Secretary, Assistant Secretary, an Official of the Union or an Operator's nominated representative may be party to continued discussions/negotiations with the relevant representatives of Boral.

 

Step 5

 

If the matter is unresolved the matter will be notified to the Industrial Relations Commission of New South Wales by the Union or Boral pursuant to the Act.

 

24.4      Work To Continue Normally

 

Cartage work shall continue normally while this procedure is being followed and during all discussions, negotiations and any proceedings about a grievance or matter in dispute.

 

25.  Consultative Committee

 

25.1      Formation Of Committee

 

(a)        Boral and the Operators must each do all that is reasonably needed to form, maintain and operate a committee comprising Boral representatives and Operator representatives.

(b)        Operator representatives will be elected by the Operators.

 

(c)        Boral representatives will be selected by Boral.

 

(d)        The chair shall rotate each year between an Operator representative and a Boral representative.

 

Notation: The Boral or Operator representatives may invite their agent or representatives to attend meetings if they have given the other party prior notice.

 

25.2      Sub-Committees

 

The consultative committee may form (and dissolve) a sub-committee and may act through that sub-committee.

 

25.3      Committee Procedures

 

All procedures of the consultative committee are to be determined by the consultative committee. All procedures of any sub-committee of the consultative committee are to be determined by the consultative committee and to the extent that the consultative committee does not determine them, by the sub-committee itself.

 

25.4      Proper Performance Of Functions

 

Boral must use its best efforts to ensure that the Boral representatives and the Operators must use their best efforts to ensure that the Operator representatives, each do whatever is necessary to ensure that the consultative committee performs the functions set out in this Part B and performs those functions properly and speedily.

 

25.5      Consultation Procedure

 

The following procedure shall apply to any matter the subject of consultation:

 

(a)        Boral or an Operator representative must inform the consultative committee of the relevant matter;

 

(b)        Boral must if requested by the consultative committee, receive any comments of the consultative committee either at a meeting or in writing;

 

(c)        Boral must consult about the relevant matter the subject of the consultation and to avoid any doubt consultation means the act of conferring, to seek counsel from, ask advice of and to refer to for information;

 

(d)        Boral is conclusively taken to have satisfied its obligation to consult thirty days (30) after the step in clause 25.5 (a);

 

(e)        having consulted, Boral may make its own decision concerning the relevant matter; and

 

(f)         Boral may require the consultative committee to nominate an Operator representative on the consultative committee to receive communications from Boral on behalf of the consultative committee.

 

Notation: To avoid any doubt should a dispute arise concerning a matter which is the subject of consultation or a decision trade by Boral as contemplated in clause 25.5 (e) either party may utilise the grievance and disputes procedure in clause 24 or exercise their rights pursuant to the Act.

 

25.6      Prior Consultation Before Exercising Rights Etc

 

To avoid any doubt, prior to exercising any right arising from clauses 22 or utilising a fleet owner to perform cartage work, Boral must consult in accordance with the procedure set out in clause 25.5.

25.7      Periodic Reviews By The Committee

 

Despite anything else in this clause, the consultative committee will periodically (at least quarterly) review:

 

(a)        customer satisfaction;

 

(b)        vehicle utilisation generally and within plants; and

 

(c)        any other agreed matters associated with the cartage work.

 

26.  Continuous Improvement Process

 

26.1      Participation In Continuous Improvement

 

In order to maintain and further develop Boral's leading position in the pre mix concrete industry Operators will participate in Boral's "Continuous Improvement Program" activities and processes. The reduction of costs, consistency of quality and customer satisfaction are an integral part of these activities and processes. Both Boral and the Operators will work to ensure that Boral's quality system continues to achieve certification to meet the relevant Australian Standard.

 

26.2      Payment

 

Any payment under this Clause will be as in Clause 23.1.

 

27.  Special Circumstances

 

27.1      Carting In Other Than Mixer

 

Where an Operator is requested to cart concrete in their vehicle other than with a mixer the cartage rate shall be negotiated between Boral and the Operator at the relevant time provided that the rate so negotiated is competitive with the prevailing market rate for such cartage.

 

27.2      Special or Unique Circumstances

 

Boral, the Operators and the Union agree that, this section will not apply to the overwhelming majority of work however where there are special or unique circumstances applying on a specific project then Boral and the Consultative Committee may agree on a special rate structure, on the basis that it is in their mutual best interest. This Contract Determination will be varied by the parties to give effect to any such agreement. If there is no agreement reached then clause 27.2 shall not apply.

 

28.  Plant Stored Operator's Equipment

 

28.1      Provision Of Space

 

Unless impracticable given the constraints in the plant area, Boral shall provide sufficient space for the secure storage of Operator equipment at their nominated plant that is reasonably necessary to assist in the efficient and effective running of their vehicles.

 

29.  Boral Operated Vehicles & Fleet Owners Etc

 

29.1      Use Of Boral Vehicles

 

Except as expressly stated in this clause nothing restricts Boral's right to utilise its own vehicles for the cartage work.

 

 

 

(a)        At plants which are a nominated plant for Operator and non‑Operator vehicles, Boral's six and eight wheeler vehicles shall:

 

(i)         load in accordance with clause 8.2;

 

(ii)        participate in all rosters arising from clause 12.1; and

 

(iii)       participate in the Access to Cartage Work System as set out in Annexure 5.

 

(b)        At plants which are a nominated plant for non‑Operator vehicles only, Boral's six and eight wheeler vehicles may:

 

(i)         load in accordance with clause 8.2;

 

(ii)        participate in all rosters arising from clause 12.1; and

 

(iii)       participate in the Access to Cartage Work System as set out in Annexure 5.

 

(c)        Boral shall not introduce any Boral company articulated vehicles into the cartage fleet for the first two years of the operation of this Contract Determination.

 

29.2      Use Of Fleet Owners

 

(a)        Subject to clause 25.6 and 29.2 (b), (c) and (d), nothing restricts Boral's right to utilise fleet owner vehicles for the cartage work.

 

Notation:  Boral has undertaken to the Union that the commercial terms upon which they would engage a fleet owner would require the fleet owner to:

 

(a)        operate under Boral's safety management plan or, if Boral elected, operate under their own SMP which would need to meet Boral's SMP standards;

 

(b)       comply with the provisions of any relevant employment law (including but not limited to) concerning income tax, workers' compensation, annual leave, long service leave or any award, order determination or agreement of a competent industrial tribunal; and

 

(c)        provide any relevant documentation and co-operate with Boral to allow Boral to confirm compliance with such clauses.

 

(b)        At plants which are a nominated plant for Operator and non‑Operator vehicles, fleet owner six and eight wheeler vehicles shall:

 

(i)         load in accordance with clause 8.2;

 

(ii)        participate in all rosters arising from clause 12.1; and

 

(iii)       participate in the Access to Cartage Work System as set out in Annexure 5.

 

(c)        At plants which are a nominated plant for non‑Operator vehicles only, fleet owner six and eight wheeler vehicles may:

 

(i)         load in accordance with clause 8.2;

 

(ii)        participate in all rosters arising from clause 12.1; and

 

(iii)       participate in the Access to Cartage Work System as set out in Annexure 5.

 

(d)        Boral shall not introduce any fleet owner articulated vehicles into the cartage fleet for the first two years of the term of this Contract Determination.

29.3      Limit Of Articulated Vehicles

 

For the third and fourth years of the operation of this Contract Determination Boral shall not have more than five percent of its total cartage fleet (Operator, Boral vehicles, fleet owner vehicles) consisting of articulated vehicles.

 

30.  Operating Procedures Etc

 

30.1      Obligations

 

An Operator shall perform the cartage work:

 

(a)        (to avoid any doubt) in accordance with this determination;

 

(b)        in accordance with any day to day directions given to them by Boral;

 

(c)        in accordance with any procedures or policies relevant to the performance of the cartage work provided that they have been inducted into the policy or procedure and provided with a copy of it. This includes the provision of a driver's handbook to be maintained by Boral which will includes policies, and procedures;

 

(d)        without jeopardising or damaging Boral's business; and

 

(e)        with due care and skill and in a proper, thorough and professional manner.

 

30.2      Fines

 

The Operator is responsible for any fines or other penalties imposed on them:

 

(a)        if the maximum legal pay load carried with their vehicle is exceeded at any time; or

 

(b)        for any breach of any relevant laws except when the Operator is fined for carrying mud or earth off a building or construction site after discharging their load in which case Boral shall pay any such fine provided that the Operator has complied with Boral's environmental policy and procedures.

 

31.  Occupational Health and Safety

 

31.1      Obligation To Perform The Cartage Work Safely

 

An Operator shall perform the cartage work safely and in accordance with any legislative, regulatory requirements and Boral's Occupational Health and Safety policy and procedures (provided that they have been inducted into the policy or procedure and provided with a copy of it). Responsibility and accountabilities of the Operator include but are not limited to the following, to:

 

(a)        co-operate with any reasonable request made by the site supervisor or manager to ensure compliance with the OH&S Act and Boral policy to protect the health, safety and welfare of persons at all times;

 

(b)        comply with the requirements of the Safety Management Plan responsibilities and accountabilities and associated procedures;

 

(c)        use equipment that is issued for personal protection and ensure that it is maintained in proper order;

 

(d)        regularly inspect their work environment during the day and report any hazards to the site supervisor or manager and take corrective action within the limit of their responsibility;

 

(e)        participate in Emergency Response practice sessions as organised on the site from time to time; and

 

(f)         participate through the consultation process i.e. yard meetings or Safety Management Plan review committee meetings to review and implement the "Safety Management Plan" (To avoid any doubt, during this time Boral will continue to pay the monthly retainer).

 

31.2      RTA Requirements

 

An Operator must ensure that the nominated or relief driver complies with the RTA's requirements related to the number of driving hours and rest periods.

 

32.  Environmental

 

70.1      Obligations

 

An Operator shall perform the cartage work in accordance with any legislative and regulatory environmental requirements and Boral's environmental policy and procedures (provided that they have been inducted into the policy or procedure and provided with a copy of it). Responsibility and accountabilities of the Operator include but are not limited to the following, to:

 

(a)        co‑operate with any reasonable request made by the plant or site supervisor or manager to ensure compliance with the Environmental Act and Boral environmental policy;

 

(b)        comply with the Clean Air Act 26(1), which refers to motor vehicles;

 

(c)        prevent fresh concrete contaminating roadways and cement slurry entering stormwater drains by ensuring chutes are free of excess concrete or loose material prior to leaving the plant and job site;

 

(d)        not washdown on site without the approval of the customer and only in areas designated by the customer;

 

(e)        always wash out the mixer and discharge slurry into wash out pits or contained areas; and

 

(f)         from time to time participate in meetings to, review and implement environmental procedures. The Operator will be paid for all time spent in relation to duties associated with these meetings in accordance with item (L) of Schedule 1. To avoid any doubt, during this time Boral will continue to pay the monthly retainer.

 

33.  Good Faith

 

33.1      Boral Obligation

 

(a)        Boral may operate its business as it sees fit in its own commercial interest, but must act in good faith, meaning that Boral must not abuse a power or right under this Contract Determination or otherwise to obtain an improper collateral benefit or objective.

 

(b)        To avoid any doubt this extends to the use of related companies to perform its cartage work.

 

34.  Operator's Rights

 

34.1      Rights

 

It is an Operator's right:

 

(a)        to be treated fairly and courteously by all Boral's personnel;

 

(b)        to access cartage work in accordance with the Access To Cartage Work System set out in Annexure 5;

 

(c)        if an Operator considers themself to have been treated unfairly in the allocation of work to sight the relevant Boral documentation at a mutually agreed time;

 

(d)        where Boral provides an Operator with the mixer, for the mixer to be adequately maintained by Boral so that an Operator is not hampered by excessive mixer downtime;

 

(e)        in the event of a dispute over any matter, to have the opportunity to present their case to Boral and be impartially judged and to also be represented by their Union delegate or official if requested;

 

(f)         to consult with the Area Manager in the presence of the delegate regarding work load/plant trucking; and

 

(g)        to be able to report any improper conduct without fear of reprisal.

 

 

35.  Mixer Ownership

 

35.1      Applicable Conditions

 

(a)        A number of Operators own their own mixer and they may continue to operate with their own mixer under this Part B. Set out in Annexure 2 are terms and conditions that apply to these Operators in lieu of the stated provisions in the main body of this Part B.

 

(b)        In addition to any other rates payable when an Operator owns their own mixer an Operator shall receive the rate in Schedule 1 (I) per load. To avoid any doubt this is a flat payment and attracts no other premium, penalty or surcharge.

 

(c)        An operator who owns their mixer may elect to change to a Boral owned mixer with 3 months notice.

 

 

36.  Other Conditions

 

36.1      Reference

 

For conditions of engagement of Operators other than those contained in this Part B (such as termination, severance, redundancy, assignment etc) refer to an Operator's Head Contract executed between them and Boral.

 

 

37.  Leave Reserved

 

37.1      Matters

 

Leave is reserved to the parties to apply as they see fit in relation to:

 

(a)        insurance cover relating to underground work.

 

 

 

 

 

 

 

 

schedule 1

 

RATES

 

 

schedule 2

 

MONTHLY RETAINER

 

1.  Monthly Retainer Payment

 

1.1        Payment

 

Subject to this Schedule, Boral shall pay an Operator the relevant monthly retainer payment each month as set out in Schedule 1.

 

1.2.       Requirement to Work Regular Days

 

An Operator must be available to perform the cartage work on the regular days from their allocated start time and until rostered off by Boral. If they are not then their monthly retainer for the next month shall be reduced by the relevant retainer reduction factor for each regular day they are not available to perform the cartage work from their allocated start time and until rostered off by Boral.

 

1.3.       Final Monthly Retainer Payment

 

If an Operator's engagement ends or is terminated then Boral may deduct from any cartage payment owing to the Operator any amount overpaid on account of a monthly retainer paid in advance by Boral.

 

1.4.       Meanings:

 

For the purposes of this Schedule the following meanings shall apply:

 

"regular days" see definition in Dictionary (refer Clause 1)

 

"retainer reduction factor"

 

Six Wheeler Vehicle: The dollar amount determined by multiplying the six wheeler retainer rate (Schedule I Item A) by 12 then dividing this total by 290.

 

Eight Wheeler Vehicle: The dollar amount determined by multiplying the eight wheeler retainer rate (Schedule 1 Item A) by 12 then dividing this total by 290.

 

schedule 3

 

RATE REVIEW & COST ITEMS

 

The following is a list of items that constitute the true cost model, the total cost for these items at the start of this Part B and the base cartage information on which initial rates have been developed.

 

 

 

1.  Review Period

 

(a)        The following rate items are to be reviewed each January (annual review) and July (six month review), with the corresponding rate items in Schedule 1 impacted by the review adjusted on the 1st of February and the 1st of August each year respectively.

 

Item #	Description
18	Fuel
19	Tyres

 

The July review will involve the sourcing of prices as at the 30th June. Base cartage information will not be reviewed.

 

Prices far the January review will be based on prices as at the 31st of December and a review of the base cartage information.

(b)        The following rate items are to be reviewed in January each year with the corresponding rate items in Schedule 1 impacted by the review adjusted on the 1st February each year.

 

 

Prices for the January review will be based upon prices as at the 31st of December and a review of the base cartage information.

 

(c)        The following items are to be reviewed every 7 years with the corresponding rate components impacted by the review adjusted on the 15th of July following the review.

 

 

(d)        Despite the provisions in (b) above, should the Award be varied those items affected by any such variation shall be reviewed as:

 

(i)         part of the January review if the variation is effective in November or December;

 

(ii)        part of the July review if the variation is effective in May or June; or

 

(iii)       a separate review effective 30 days after the variation is effective if the variation occurs in a month other than November, December, May or June.

 

1.1        Base Cartage Information Sources

 

Base cartage information is specific to a particular vehicle configuration for example loads per annum might be 1,300 for six wheelers and 1,250 for eight wheelers. The data gathered should be for the Operator fleet only for the 12 month period prior to the annual review in January (1st January to 31st December) and exclude work done by company vehicles and fleet owners. Information is based on Boral records for vehicles which have worked a minimum of 90% of the period from which the cartage information will be sourced.

 

(a)        Loads Per Annum - is the average number of loads per annum.

 

(b)        Loaded Kilometres - is the average docketed distances to the customers job site for delivery, this figure excludes any kilometres travelled for transfers.

 

(c)        Loaded Kilometres Total - is the average total loaded kilometres travelled. This can be expressed as (Loads Per Annum x Loaded Kilometres)

 

(d)        Total Kilometres Travelled - is the total round trip distance excluding any kilometres travelled on transfers. This can be expressed as Loaded Kilometres Total x 2.

 

1.2        Description of Review & Calculations

 

(a)        Rate Component A = Retainer

 

The annual retainer payment is the sum of the total for each of the following fixed cost items. To determine the monthly payment the sum of these items is divided by 12 (months). The calculation must be done for each vehicle configuration with applicable source data.

 

 

(b)        Retainer Formula

 

Item 1 + Item 2 + Item 3 + Item 4 + Item 5 + Item 6 + Item 7 + Item 8 + Item 9 + Item 10 + Item 11 + Item 12 + Item 13 + Item 14 + Item 15 = Total Retainer Cost

 

Total Retainer Cost / 12 = Component A of Schedule 1 (Retainer Per Month)

 

2.  Description of Items Composing Retainer

 

2.1        Item 1-Annual Wage

 

Description - this is the annual base wage paid to the driver. The grade used varies by configuration with the appropriate level selected from the award based on vehicle specification. These rates are reviewed annually.

 

(a)        Source:  Transport Industry State Award

 

Six Wheeler -	Transport Worker Grade 4
Eight Wheeler -	Transport Worker Grade 5

 

(b)        Formula

 

Award Rate Per Week x 52 weeks = Item I

 

(c)        Six Wheeler Example:

 

52 X $565.82 = $29,422.64

 

2.2        Item 2 - Slump Allowance

 

Description - the allowance paid to concrete drivers as described in the award. This calculation is the same across all vehicle configurations and is reviewed annually

 

(a)        Source:  Transport Industry State Award

 

Weeks paid 48 (52 weeks minus 2 weeks annual leave and 2 weeks for casual)

 

(b)        Formula

 

Award Slump Allowance Per Week X 48 weeks = Item 2

 

(c)        Six Wheeler Example:

 

$17.85 X 48 weeks = $856.80

 

2.3        Item 3 - Workers Compensation

 

Description - allowance for workers compensation based on government requirements. The total will vary based on vehicle configuration and is reviewed annually

 

(a)        Source: - Government Regulated Allowance for concrete slurry manufacturing

 

Calculated on total labour cost (sum of annual wage, overtime, slump allowance).

 

(b)        Formula

 

(Item l + Item 16 + Item 2) x Workers Compensation Allowance = Item 3

 

(c)        Six Wheeler Example:

 

($29,422.64 + $856.80 + $15,188) x 6.555% = $2,980.38

 

2.4        Item 4 - Annual Leave Loading

 

Description - based on award allowance for annual leave loading.  Drivers have been allocated 4 weeks annual leave.  This value will vary based on vehicle configuration and is reviewed annually.

 

(a)        Source:  Transport Industry State Award

 

(b)        Formula

 

Award Weekly Wage X Award Leave Loading = Weekly Leave Allowance

 

4 x Weekly Leave Allowance = Item 4

 

(c)        Six Wheeler Example

 

$565.85 (weekly wage) x 25% (award allowance) = $141.46

 

4 (weeks) x $141.46 = $565.84

 

2.5        Item 5 - Long Service Leave

 

Description - allowance for allocation of monies for long service leave. This value will vary by vehicle configuration and is reviewed annually.

 

 

(a)        Source:

 

Long Service Leave Act as amended

 

(b)        Formula

 

13 (weeks)/15 (years) = Long Service Leave %

 

Award weekly wage X Long Service Leave % = Item 5

 

(c)        Six Wheeler Example:

 

13 weeks/15 years = 86.6%

 

$565.82 (weekly wage) X 86.6% = $490.38

 

2.6        Item 6 - Superannuation

 

Description - payment of superannuation based on statutory requirements. This value will vary by vehicle configuration (due to difference in labour rates) and is reviewed annually.

 

(a)        Source:  Superannuation Guarantee Administration Act employer funded % superannuation contribution percentage

 

Labour Costs is the annual wage component only from Award

 

(b)        Formula

 

Item 1 x superannuation % = Item 6

 

(c)        Six Wheeler Example

 

$29,422.64 (annual wage) x 9% (super %) = $2,648.04

 

2.7        Item 7 - Casual Labour

 

Description - allowance for casual labour when driver is on two weeks approved annual leave and their vehicle is required to work. For the remaining two weeks annual leave it has been determined that the vehicle will not be required. This calculation will vary by vehicle configuration and is subject to annual review.

 

(a)        Source:

 

The two weeks leave and hours worked component are fixed.

 

Transport Industry State Award with rates by vehicle grade

 

Casual rate for normal hours is Award rate +15% plus 1/12  leave loading

 

Casual Rate for overtime is Award rate +15%

 

Superannuation & Workers Compensation calculations use the same methods

 

described previously taking into account rates applicable for casual labour

 

(b)        Calculation:

 

(i)         A x B = C

 

(ii)        {C +(C x 1/12)} = D

 

(iii)       E x D = J

 

(iv)      (C x 1.5) x F = K

 

(v)       (C x 2) x G = L

 

(vi)      J+K+L+H=M

 

(vii)     J x N = O

 

(viii)    M x P = Q

 

(ix)       (M + O + Q) x I = Item 7

 

A = Rate Per Hour (Award Grade)	B = Casual Labour Loading (15%)
C = Standard Casual Rate Per Hour	D = Rate With Leave Loading
E = Standard Hours Per Week (38)	F = Hours at Time & half per week (9.6)
G = Hours At Double Time (4)	H = Slump Allowance Per Week
I= # of weeks for casual	J = Casual Weekly Wage Total
K = Time and Half Weekly Total	L = Double Time Weekly Total
M = Total Per Week	N = Superannuation Rate (= B item 6)
O = Per week Super Total	P = Workers Comp %
Q = Per week workers comp

 

(c)        Six Wheeler Example

 

 

2.8        Item 8 - Full Comprehensive Insurance

 

Description - cost of insuring vehicle based on the value of the vehicle. Value will vary based on vehicle configuration and is subject to annual review.

 

(a)        Source: Quote sourced from agreed supplier. Vehicle value used for the quotation will be based upon the latest Glass's guide valuation at average price level for the initial vehicle specified

 

 

(b)        Six Wheeler Example

 

If three years into the contract the Transport Manager will source a quote for a three year old six wheeler Iveco at the average Glass's guide value.

 

2.9        Item 9 - Public Liability Insurance

 

Description - costs of public liability insurance to cover value specified in the contract determination under clause 7.3 of Part B. Value will not vary based on vehicle configuration and is subject to annual review.

 

(a)        Source             Quote sourced from agreed supplier

 

(b)        Example

 

$330 quoted rate

 

2.10      Item 10 - Sick and Accident Insurance

 

Description - based on $700 per week with 7 day excess. Value will not vary based on vehicle configuration and is subject to annual review.

 

(a)        Source - Quote sourced from agreed supplier

 

(b)        Example

 

$693

 

2.11      Item 11 - Vehicle Funding

 

Description - Vehicle funding is based upon a seven year fixed interest rate loan.  With costs determined by taking into account the payment of the principle, interest charged and resale value of the vehicle to provide a value for the cash cost of funding.  Value will vary based on vehicle configuration and is not subject to review until the end of the first term.

 

(a)        Source:

 

Compound interest calculation based on fixed rate of 7.95% over 7 years (NAB), purchase price of vehicle based on Operator price for configuration from Boral's current supplier, agreed vehicle disposal value determined at the end of the seven year term. Value varies by vehicle configuration.

 

(b)        Formula

 

A - B = C

 

C/D = Item 11

 

A = Cost of vehicle and Interest	B = Disposal Value of Vehicle
C = Cash cost )	D = Years (7 years

 

(c)        Six Wheeler Example

 

 

 

 

 

 

 

CASH COST OF HOLDING VEHICLE

 

IVECO 6X4 ULTRA LIGHTWEIGHT AUTO

 

 

(d)        Eight Wheeler Example

 

 

2.12      Item 12 - Registration Costs

 

Description - registration of vehicle. Will vary based on vehicle type and is subject to annual review.

 

(a)        Source:  Roads and Traffic Authority

 

(b)        Six Wheeler Example

 

$1,065.82

 

2.13      Item 13 - Green Slip

 

Description - compulsory third party insurance can vary by vehicle type and is subject to annual review.

 

(a)        Source: Qualified insurer sourced by Transport Manager.

 

(b)        Six Wheeler Example

 

$1,698.18

 

2.14      Item 14 - Stamp Duty

 

Description - tax applied for purchase of new vehicle as specified at start of contract. Will vary based on vehicle type and is not subject to review until the end seventh year.

 

(a)        Source: Based upon government charge and initial purchase price

 

(b)        Six Wheeler Example

 

$138450.00 x 3.0% = $4,153.50

 

$4,153.50 / 7 = $593.36

 

2.15      Item 15 - Other Costs

 

Description - other fixed costs associated with operating business do not vary based on vehicle type. Costs are reviewed annually with filing fees and drivers licence costs based upon variations in the actual costs. Remaining items will be indexed each year on the 1st of February by the percentage variation in the ABS Sydney All Groups Consumer Price Index for the preceding 12 month period (January - December).

 

(a)        Source Components

 

(i)         Drivers Licence - RTA fee

 

(ii)        Filing Fee =  government statutory charge

 

(iii)       Accounting Fee, Street Directory, Postage, Telephone, Medical, Bank Charges, Minor Truck Damage, Entity Formation - based on prices at the start of contract.

 

(b)        Formula

 

(i)         Drivers Licence = RTA fee

 

(ii)        Filing Fee = sourced from government statutory charge

 

(iii)       Accounting Fees + Street Directory + Postage + Telephone + Medical + Bank Charges + Minor Truck Damage + Entity Formation = Other Costs

 

(iv)      Other Costs x CPI % increase = CPI review other casts

 

(v)       Drivers Licence + Filing Fee + CPI review other casts = Item IS Total

 

Example

 

Annual Drivers Licence price = $39.00

 

Filing Fees= $200

 

Accounting Fees	$2,500.00
Street Directory	$39.00
Entity Formation	$150.00
Postage	$22.00
Telephone	$107.60
Medical	$160.00
Bank charges	$120.00
Minor Damage	$300.00
Other Costs Total	$3,398.60

CPI increase = 2%

 

$3,398.60 x 1.02 = $ 3466.57

 

$3466.57 + $39 + $200 = $3705.57

 

3.  Rate Component B = Load Fee

 

The load fee is the sum of the per load rates for overtime and return on asset. Will vary based on vehicle configuration and is reviewed annually.

 

 

4.  Load Fee Formula

 

Overtime Total Cost/Loads Per Annum = Overtime Per Load Rate

 

Average Return On Asset/Loads Per Annum = Return On Asset Per Load Rate

 

Overtime Per Load Rate + Return On Asset Per Load Rate = Component B Schedule 1 (Load Fee)

 

(a)        Six Wheeler Example

 

(i)         $15,187.80/ 1300 = $11.68

 

(ii)        $12,165/ 1300 = $9.36

 

(iii)       $11.68 + $9.36 = $21.04

 

5.  Description of Items for Load Fee

 

5.1        Item 16 - Overtime

 

Description - calculation of overtime paid during standard hours Monday ‑ Saturday. The total costs for item 16 is converted into a per load charge. Will vary based on vehicle type and is subject to annual review.

 

(a)        Source: - Rate Per Hour - Transport Industry State Award

 

Overtime - fixed agreed hours (based on 10 hours per week @ time and half Monday to Friday, 2 hours time and half Saturday and 5 hours double time double time Saturday, 230 standard working days and 45 Saturdays, Hours are then discounted by 20% to account for rostering).

 

Hours	Time & Half Hours	Double Time Hours
Six Wheeler	440	180
Eight Wheeler	440	180

 

(b)        Review Formula

 

(i)         A x 1.5 = B

 

(ii)        A x 2 = C

 

(iii)       B x D = E

 

(iv)      C x F = G

 

(v)       E + G = H

 

(c)        Six Wheeler Example

 

Time

 

H/I = Overtime Per Load Rate

 

A = Award Rate Per Hour

 

B = Time and Half Rate

 

C = Double Time Rate

 

D = Overtime @ Time & Half (440 hours)

 

E = Total $ @ Time and Half

 

F= Overtime @ Double Time (180 hours)

 

G = Total $ @ Double Time

 

H = Overtime Total Cost

 

I = Loads Per annum

 

(a)        Six Wheeler Example

 

Time & Half Rate  14.89 x 1.5 = $22.335

 

Double Time Rate $14.89 x 2.0= $29.78

 

440 hours x $22.3 35 = $9,827.40

 

180 hours x $29.78 = $5,360.40

 

$9,827.40 (Time & Half Cost) + $5,360.40 (Double Time Cost) = $15,187.80 (overtime total cost)

 

$15,187.80 (overtime total cost) / 1300 (loads per annum) =$11.68 (Overtime Per Load Rate)

 

5.2        Item 17 - Returns on Asset

 

Initial Rate Development - calculated based upon an agreed return on the depreciated value of the vehicle. The return on assets total is developed based upon a premium above the standard term deposit rate.  The agreed total return at the start of the contract will be indexed each year on the 1st of February by the percentage variation in the ABS Sydney All Groups Consumer Price Index for the preceding 12 month period (January - December).

 

(a)        Initial Calculation:

 

Return Premium - fixed at 7.5% above the term deposit rate. Based upon initial return value of 13% and current term deposit rate of 5.5%.

 

Term Deposit - NAB $100,000 invested for 12 months, rate at start of contract 5.5% sourced from website (premium = 13% - 5.5% = 7.5%)

 

Vehicle value - sourced from Glass's guide commercial vehicles valuation based on Iveco average vehicle price.

 

(i)         Return On Asset Total (Start of Contract)

 

Six Wheeler	$12,165 per annum
Eight Wheeler	$14,321 per annum

 

(b)        Rate Review

 

The rate review is based upon the Return on Assets Total indexed each year on the 1st February by the percentage variation in the ABS Sydney All Groups Consumer Price Index for the 12 months (January - December ) preceding the rate review period.

 

Return On Assets Total = Current Return On Assets Total x CPI % Change = Return On Assets Total (new)

Return On Assets "Total (new)/Loads Per Annum = Return on asset per load.

 

Example

 

CPI Increase = 2%

 

Six Wheeler = $12,165 X 1.02 = $12,408.30

 

$12,408.30/1300= $9.54

 

5.3        Rate Component C = Kilometre Rate

 

The kilometre rate is the sum of the per kilometre unit rates for the fuel, tyres and R&M items.  Will vary based on vehicle type, fuel and tyres will be reviewed every six months and annually,  R&M annually.

 

 

(a)        Kilometre Rate Formula

 

(i)         Fuel Total Cost/Loaded Kilometres Total = Fuel Unit Rate

 

(ii)        Tyres Total Cost/Loaded Kilometres Total = Tyres Unit Rate

 

(iii)       Repair & Maintenance total cost/Loaded Kilometres Total = R & M Unit Rate

 

(iv)      Fuel Unit Rate + Tyres Unit Rate + R & M Unit Rate = Kilometre Rate

 

(b)        Six Wheeler Example

 

(i)         $9,676.25 / 11050 = $0.875

 

(ii)        $2,102 / 11050 = $0.190

 

(iii)       $9,234 / 11050 = $0.835

 

(iv)      $0.875 + $0.190 + $0.835 = $1.90 (component C of schedule 1)

 

 

 

5.4        Description of Items for Kilometre Rate

 

Item 18 - Fuel

 

Description - cost of fuel per kilometre.  Components should be determined based on the average for the Operator fleet for a particular configuration (average load size, kilometres per litre, distance). Rates will vary based on vehicle type and are subject to six month and annual review.

 

(a)        Source:  Fuel Price Per Litre - based on diesel fuel rebate prices as charged to the Operator fleet by Boral

 

Fuel Usage KM Per Litre - 6 six wheeler 1.45 (fixed), Eight wheeler 1.35 (fixed)

 

(b)        Formula:

 

(i)         Fuel Costs Total

 

(A)       A/B=C

 

(B)       C x D = Fuel Total Cost

 

(ii)        Fuel Unit Rate

 

Fuel Cost Total/Loaded Kilometres Total = Fuel Unit Rate

 

A = Total Kilometres Travelled

 

B = Fuel usage kilometres per litre

 

C = Litres of Fuel Used

 

D = Diesel Fuel Rebate Fuel Price Per Litre

 

(c)        Six Wheeler Example

 

 

Kilometre Rate = $9,676.75 (fuel cost) / 11,050 (loaded KM) = $0.875 per km

 

5.5        Item 19 - Tyres

 

Description - rate will vary by vehicle configuration and kilometres travelled per annum are subject to six monthly and annual review.

 

(a)        Source:

 

(i)         Prices: sourced by Transport manager based on tyre type being used by company fleet.  Prices used are the average of two quotes.

(ii)        Life:  New tyre 30,000km (new tyres used for steer), retread 25,000 km (retread used for drive tyres) tyre life is a fixed component.

 

(iii)       Discount:  based on 1st year new tyres on new truck 85% (fixed)

 

(iv)      Extra KM:  2.5% addition on total KM travelled (fixed).

 

(v)       Punctures:  8 per annum (fixed)

 

(b)        Formula:

 

(i)         New Tyre Costs

 

Total Kilometres Travelled x 1.025 = Weighted KM

 

Weighted KM/Tyre Life = # New Tyres Used

 

# Tyres Used Per Annum x # Steer Tyres = Total New Tyres Used

 

Total New Tyres Used x Unit Cost = Total Cost New Tyres

 

(ii)        Retread Tyre Costs

 

Total Kilometres Travelled x 1.025 = Weighted KM

 

Weighted KM/Tyre Life = # Retread Tyres Used Per Annum

 

# Retread Tyres Used Per Annum x # Drive Tyres = Total Retread Tyres Used

 

Total Retread Tyres Used x Unit Cost = Total Cost Retread Tyres

 

(iii)       Total Cost New & Retread Tyres

 

New Tyre Total Cost + Retread Tyre Total Cost = All Tyre Total Costs

 

All Tyres Cost x Discount (85%) = New & Retread Tyre Total Cost

 

(iv)      Cases

 

Total New Tyres Used + Retread Tyres Used = Total Tyre Use

 

Total Tyre Use /3 (agreed retread life) = # Cases Required Per Annum

 

# Cases Required Per Annum x Unit Rate = Cases Total Cost

 

(v)       Disposals

 

# Cases Required Per Annum = Disposals Required Per Annum

 

Disposals Required Per Annum x Unit Rate = Disposals Total Costs

 

(vi)      Punctures

 

8 per annum x Unit Rate = Punctures Total Cost

 

(vii)     Tyres Total Cost

 

Total Cost New & Retread Tyres + Cases Total Cost + Disposals Total Cost + Punctures

 

Total Cost = Tyres Total Cost

 

(viii)    Tyres Unit Rate

 

Tyres Total Cost/Loaded Kilometre Total = Tyres Unit Rate

 

(c)        Six Wheeler Example

 

 

Tyre Unit Rate = $2,102 (tyre cost) / 11,050 (loaded KM) = $0.19 Tyres Unit Rate

 

5.6        Item 20 - Repair and Maintenance

 

Description - the repair and maintenance costs associated with operating a particular vehicle configuration. These costs are reviewed annually indexed each year on the 1st of February by the percentage variation in All Groups CPI for Motor Vehicle Repair & Servicing for the 12 months (January - December) preceding the rate review.

 

(a)        Source:

 

Based on initial rates supplied by Boral's vehicle supplier based on 1800 hours R&M agreement.

CPI for Motor Vehicle Repair & Servicing for the 12 months prior to the anniversary date

 

Service Agreement Rate (Start of Contract)

 

Six Wheeler	$9,234 per annum
Eight Wheeler	$10,224 per annum

 

 

Note: the service agreement at the start of the contract is based upon 1800 hours, if the average number of loads carted falls outside the productivity range specified for 1800 hours in the above table, a new maintenance contract rate will be sourced from Boral's current vehicle supplier.

 

(i)         Review Example Six Wheeler

 

CPI increase = 2%

 

$9,234 x 1.02 (CPI) = $9418.68

 

$9418.68 / 11,050 (loaded km) = $0.85 per km

(b)        Surcharge Review and Calculations

 

Description - rates will be adjusted based on the review of previous items included in the calculation of surcharges eg fuel, tyres and R&M.  The calculations take into account that fixed costs have been recovered and there is some allowance for lost opportunity or minimum cost payments where applicable. Surcharges will be reviewed at the following periods.

 

 

(c)        Description of Key Calculations

 

Variable Per Hour - takes into account fuel and R&M for the appropriate surcharges.  The figure is weighted to provide an indication of what these costs would be per hours for a standard load.

 

(d)        Six Wheeler Example

 

$0.876 (Fuel Rate Per KM) + $0.836 (R&M Rate Per KM) = $1.71 x 8.5km (ave lead) = $14.54

 

$14.54 x 0.75 (loads per hours) = $10.91

 

Per Load Pay - accounts for the per load payment weighted on an hourly basis.

 

Six Wheeler Example

 

$21.04 (per load rate) x 0.75 (loads per hour) = $15.78

 

Waiting Time Weighting - is a weighting used to compensate the vehicle for time lost before waiting time is charged.

 

Labour Rates - for out of hours work double time rates are used based on the appropriate award grade.

 

Agitating Fee - is based upon the waiting time rates before weighting is applied

 

SURCHARGE CALCULATION SHEET SIX WHEELER

 

1. Mixing In Yard Per Load	6w	6w		%		Mixing Cost per Load
	$		$			$
Variables Per Hour	5.46	Variables Per Hour	10.91	50%		5.46
Per Load pay	15.78	Load Pay P/H	15.78	100%		15.78
Total	21.24	Total				21.24
2.Waiting Time	6w	6w	$	%		Cost per hour
	$
Variables Per Hour	10.91	Variables Per Hour	10.91	100%		10.91
Per Load pay	15.78	Per Load Pay	15.78	100%		15.78
Total	26.69	Total				26.69
Per Minute standard	0.44
Weighting	2.30
Per Minute Rate	1.02
3.Transfer Fee	6w
	$
Per KM Cost
Load	1.90
Total	0.95
4. Standby Time	6w	6w	$		%		$
	$
Per Load Pay	29.78	Labour	29.78		100 %		29.78
Total	29.78
Per Half Hour	14.89	Total	29.78				29.78
5. Monday - Saturday	6w	6w			$
	$
Out of Hours		Rate			14.89
Rate Per Load	29.78	X2			29.78
		hours			4
		total			119.12
		Per hour Rate = Per Load Rate
6. Agitating Fee	$
Per Minute	1.02
7. Labour Hire	$
Rate Per Hour	14.89
Note = Award rate
8. Sunday & Public	6w	6w			$
	$
Out of Hours		Rate			14.89
Rate Per Load	37.23	X2.5			37.23
		Per hour Rate = Per Load Rate
9.Call Out Fee	$
Rate	119.12
Note = Award rate

 

(e)        Owner Mixer Rate

 

Description: initial rate based upon Boral costs for operating their mixers includes depreciation and R&M

 

Review: indexed each year an the 1st of February by the percentage variation in the ABS Sydney All Groups Consumer Price Index for the preceding 12 month period (January ‑ December).

 

(f)         6 Wheeler Example:

 

CPI Change = 2%

 

$10.00 x 1.02 = $10.20

 

ANNEXURE 1

 

VEHICLE SPECIFICATIONS

 

Six Wheeler

 

Vehicles must be able to perform adequately in on and off road applications for mixing, delivery and discharge of concrete.

 

Selection of transmission, rear axle and power take off ratios must be made to ensure adequate performance of both truck and mixer in all applications.

 

Prime mover must be no heavier than 6300 kg when loaded full with fuel and water.

 

Prime mover must be capable carrying a mixer to Boral's specifications which are available on request

 

Front & rear towing attachments must be installed.

 

Reversing beeper and a flashing light must be installed.

 

Eight Wheeler

 

Vehicles must be able to perform adequately in on and off road applications for mixing, delivery and discharge of concrete.

 

Selection of transmission, rear axle and power take off ratios must be made to ensure adequate performance of both truck and mixer in all applications.

 

Prime mover must be no heavier than 7600 kg when loaded full with fuel and water.

 

Prime mover must be capable carrying a mixer to Boral's specifications which are available on request

 

Front & rear towing attachments must be installed.

 

Reversing beeper and a flashing light must be installed.

 

ANNEXURE 2

 

MIXER OWNERSHIP

 

1.          the Following Clause Shall Apply in Lieu of Clause 7.3 of Part B of the Contract Determination:

 

An Operator shall arrange and keep current insurance cover whilst working under this Determination in respect of:

 

(a)        motor vehicle comprehensive or third party property;

 

(b)        motor vehicle compulsory third party;

 

(c)        worker's compensation for all employees, including casuals of an Operators Company;

 

(d)        public liability cover to the value of $10 million;

 

(e)        public liability for wrong delivery (extension limit of $500,000); and

 

(f)         sickness and accident cover.

 

2.          The following clause shall apply in lieu of clause 10.8 of Part B of the Contract Determination:

 

Where an Operator owns their mixer and they are required to submit their vehicle to the Roads & Traffic Authority for annual inspection, they shall inform Boral four (4) weeks prior to their registration renewal date or on receipt of their inspection notification, whichever is the earlier.

 

3.          The following clause shall apply in lieu of clause 13.2 of Part B of the Contract Determination:

 

(a)        Should a mixer breakdown occur, an Operator will be responsible for the removal of the concrete.

 

(b)        Boral and its staff will assist where possible and will make available facilities at the plants for hosing out mixers where serious breakdowns prevent the removal of concrete by any other means.

 

4.          The following clause shall apply in lieu of clause 15 of Part B of the Contract Determination.

 

15.  Provision of Mixer

 

15.1      Provision Of Mixer

 

The Operator shall be responsible for the provision of a mixer in accordance with the relevant mixer specification for their vehicle configuration and its safe and proper initial fitting to their prime mover in accordance with the specifications of the respective manufacturer's including the supply of "U" bolts, clearance lights and a protective chassis/mixer cover plate mutually acceptable to Boral and the Operator.

 

15.2      Mixer Removal

 

If a mixer is required to be removed at any time for any reason, the total cost of mixer removal and replacement shall be borne by the Operator.

 

15.3      Responsibility After Fitting

 

After the initial fitting of their mixer an Operator shall be responsible for the mixer being properly secured to their vehicle. An Operator shall be responsible for all maintenance and replacement of clearance lights, globes and mud flaps and statutory signs. Mud flaps shall be supplied to an Operator by Boral free of charge.

 

15.4      Provision Of Crank Shaft Protection

 

An Operator shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take off unit.

 

15.5      Modifications Etc To Mixer

 

An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to two (2) working days to effect modifications and fitting work to the mixer. To avoid any doubt, during these two days the Operator will continue to be paid their monthly retainer.

 

5.          The following clause shall apply in lieu of clause 16 of Part B of the Contract Determination:

 

16.  Mixer Care and Maintenance

 

16.1      Washing Out The Mixer

 

An Operator shall exercise all reasonable care for the mixer. The mixer shall be thoroughly washed out internally and cleaned down externally to ensure that there is not build up of concrete and so as not to affect the mixing efficiency, carrying capacity and visual appearance of the mixer.

 

16.2      Provision Of Cleaning Materials Etc

 

All cleaning materials and equipment necessary for cleaning the mixer shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

 

16.3      Mixer Repairs

 

An Operator is responsible for all maintenance and repairs to their mixer.

 

 

16.4      Removal Of Hardened Concrete

 

(a)        Boral shall be responsible for the removal of hardened concrete build up from the inside of the mixer (a process commonly known as de dagging) for the first two occasions in a calendar year, provided that if an Operator carts more than 30% of their loads in excess of 50mpa, low slump concrete, kerb mix and/or no fines Boral shall be responsible for the first four occasions in a calendar year.

 

(b)        All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between an Operator and Boral.

 

(c)        All de-dagging will be completed as soon as practicable.

 

16.5      Provision Of Fuel For The Mixer

 

An Operator is responsible for the provision of the fuel to run the mixer.

 

16.6      Damage To Mixer

 

An Operator shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.

 

16.7      Repairs, Servicing Etc To Mixer

 

An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to five (5) working days to affect repairs to the mixer. To avoid any doubt, during these five days the Operator will continue to be paid their monthly retainer.

 

16.8      Replacement Of Mixer

 

An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to five (5) working days to replace the mixer. To avoid any doubt, during these five days the Operator will continue to be paid their monthly retainer.

 

6.          The following clause shall apply in lieu of clause 17 of Part B of the Contract Determination:

 

17.  Painting and/or Signwriting

 

17.1      Boral To Periodically Paint

 

Boral shall periodically paint and/or signwrite the vehicle to its specification.

 

17.2      Quality Of Painting

 

Paint used will be of a quality that is acid resistant and capable of withstanding the arduous conditions of the industry. The painting shall be undertaken by a recognised truck painting contractor and the standard of finish shall be not less than that provided by tradesmen specialising in this field.

 

17.3      Preparation For Painting

 

All necessary surface preparations and procedures recommended by the paint manufacturers shall be adhered to.  An Operator shall be responsible for the provision of a sound painting surface of the vehicle, including but not limited to the rectification of corrosion, prior to presentation for painting.

 

17.4      Time Of Painting

 

All painting is to be done, weather permitting, within the estimated time for the following situations:

 

(a)        vehicle 10 days;

(b)        prime mover only 5 days; and

 

(c)        prime mover and mixer frame (not including barrel) 6 days.

 

17.5      Period Of Painting

 

A vehicle shall be painted every 5 years or a longer or shorter period by mutual agreement.

 

17.6      Meaning Of Vehicle

 

To avoid any doubt, for the purposes of this clause "vehicle" shall mean the complete prime mover and mixer including all their components and external surfaces without exception. The mixer should be removed from the prime mover for painting.

 

17.7      Unacceptable Paint Finish

 

In the event that the paint finish of the vehicle is of a standard unacceptable to an Operator, they shall advise Boral prior to the vehicle being removed from the workshop.

 

17.8      Time Of Painting Excessive

 

Where painting exceeds the duration stated in clause 17.4 or where a vehicle has to be returned for repainting or painting repairs, an Operator shall be paid by Boral at the rate of item (L) of schedule 1 per hour up to a maximum of eight hours each day.

 

17.9      Removal Of Logos

 

An Operator will make their vehicle available to Boral for removal of all "stick on logos" from their vehicle whenever their vehicle is permanently removed from Boral's fleet.

 

ANNEXURE 3

 

127 STATEMENT

 

Section 127 Statement

 

(On Operator Letter head and addressed to the Transport Manager)

 

(insert Operator Name) states pursuant to section 127 of the Industrial Relations Act that it has paid all remuneration payable (including all award and/or statutory benefits and amounts) to its employees employed to perform the cartage work covered by this Contract Determination for the three (3) months prior to (insert date of last day of quarter]

 

ANNEXURE 4

 

SELECTION

 

The score is determined by cross referencing the table below for the service of the Operator and the age of the Operator's Vehicle and adding together the two scores.

 

 

ANNEXURE 5

 

1.  Access to Cartage Work System

 

1.1        Boral and all Operators believe that Boral, Operators, and fleet owner six and eight wheeler vehicles (in this Annexure "vehicles") should have, as far as operationally practicable, reasonable access to the cartage work.

 

1.2        It is acknowledged by the parties that it is operationally impractical to seek to achieve absolute equality of access to the cartage work.

 

1.3        For the purpose of monitoring and managing cartage work it is agreed that the process described below will be applied to vehicles using the same plant as their nominated plant.

 

1.4        It is agreed that the process for achieving reasonable access to cartage work should not impact Boral's ability to provide customer service and these requirements may from time to time vary the process described.

 

1.5        Reasonable access to the cartage work will be measured by a points system determined method outlined below.

 

1.6        It is the intention of the parties that, to the fullest extent that is operationally practicable, vehicles owned and operated by Boral should achieve levels of productivity comparable with those achieved by Operators undertaking cartage work under similar circumstances

 

1.7        To avoid any doubt, subject to Boral complying with the points system below, Boral accepts no liability for any Operator or fleet owner who may for whatever reason, not achieve reasonable access to cartage work.

 

2.  Management of Access to Cartage Work

 

2.1        Endeavours to achieve reasonable access to cartage work shall be the responsibility of and managed by Boral, using a combination of:

 

(a)        the application of a points system to monitor access to work which will be referred to for decision making in regard to rosters, and transfers;

 

(b)       selective rostering of vehicles which have a higher number of points in regard to others by applying start and finishing rosters; and

 

(c)        creation of a work pool comprising vehicles identified through analysis as experiencing access to work outside a statistical range.

 

3.  Determination of Access to Cartage Work

 

3.1        Reasonable access to cartage work will be measured by plant for vehicles.

 

3.2        Vehicles will be ranked according to the following point system based on work completed:

 

 

3.3        To compensate for Operator/driver behaviour which may impact upon the number of loads carted adjustment factors will be applied to aid in accurately determining reasonable access to cartage work.

 

3.4        Only on regular days (refer to the Dictionary), additional adjustment points will be assigned to vehicles according to the following:

 

 

 

4.  Ranking & Loading

 

4.1        Vehicles will be ranked daily from highest to lowest based on the points system with records held in a Boral database.  The database shall be updated continuously on a vehicle by vehicle basis, over a rolling twelve month period recording earned and adjustment points (i.e. at the end of each calendar day data for the corresponding day of the previous year ceases to be relevant to the system).

 

4.2        On the following day vehicles with the lowest number of cumulative points will be the first vehicles to load and the last vehicles to be rostered off. The determination of the number of vehicles to be rostered off by plant will be subject to Boral's discretion to meet customer requirements. If vehicles are equal in points then the Operators with the least number of adjustment points will be ranked first in the roster.

 

4.3        At the end of every month a statistical evaluation will be run for vehicles over the cumulative total points scored (including adjustment points) from the database and vehicles with a standard deviation considered to be outside an agreed range will be offered the opportunity to participate in a work pool.

 

4.4        Work pool vehicles will be preferentially selected in the order identified from the statistical evaluation to participate in periodic transfers for a period not exceeding one month. These vehicles will be the first selected to transfer to plants which require additional capacity. After the selection of the work pool vehicles standard transfer rules will apply to other vehicles.

 

4.5        If the owner of a vehicle declines the opportunity to become a work pool vehicle for that month they will incur adjustment points to a value that returns them to the average cumulative number of points for their nominated plant.

 

 

 

 

5.  Management System

 

5.1        To facilitate the monitoring and management of these measures Boral shall maintain computer based records of the number of earned points and applied adjustment points by vehicle. It is estimated that this system will run two days in arrears of work completed.

 

It will be the responsibility of the plant supervisor and Operator representative at that plant to determine adjustment points for each vehicle and ensure they are applied. The results of points by vehicle (including adjustment points) will be posted at the plant.

 

5.2        Out of hours work such as night work and Sundays shall not be included in the points allocation system.

 

5.3        Should an Operator wish to forego participation in the work pool that vehicle shall be allocated adjustment points to a value that returns that vehicle to the average cumulative points applicable at that plant. Thereafter it shall continue in the monthly statistical review. Should a vehicle which has participated in the pool remain eligible for allocation to the pool at the next review occasion, the vehicle may defer participation without adjustment points being applied for that review period only.

 

5.4        New entrants to the Access to Work System shall be allocated points at the end of the month in which they commence equivalent to the previous rolling twelve month period average for all vehicles operating from their nominated plant.

 

5.5        Adjustment points will be applied for all participating vehicles for leave taken on regular days. For the purposes of this clause 5.5 only regular days shall be as defined in the dictionary under "regular day" (d) (when the operator owns the mixer).

 

 

 

P. J. CONNOR, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.