HANSON CONSTRUCTION MATERIALS PTY LIMITED CONCRETE CARRIERS CONTRACT DETERMINATION

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Hanson Construction Materials Pty Ltd, industrial organisation of employers.

 

(No. IRC 6774 of 2004)

 

 

DETERMINATION

 

Index

 

Clause No.          Subject Matter

 

1.         Definitions

2.         Area Incidence and Duration

3.         Term of Contracts of Carriage

4.         Assignment of Contracts of Carriage

5.         Cartage Rates

6.         Safety Net

7.         Cartage Accounts

8.         Living away from Home Allowance

9.         Statutory Requirements and Insurance

10.       Loading

11.       Hazardous Approach to Job Site

12.       Availability of a Suitable Vehicle

13.       Responsibility for Load

14.       Breakdowns

15.       Two-Way Radio and GPS Equipment

16.       Provision of Mixer

17.       Mixer Care and Maintenance

18.       Painting and/or Signwriting of the Mobile Unit

19.       Manning

20.       Uniforms

21.       Amenities

22.       Fleet Size

23.       Commitment to Training

24.       Disputes Procedure

25.       Rostering

26.       Plant Stored Carrier's Equipment

27.       Business Viability

28.       Occupational Health and Safety

29.       Environment Protection and Pollution Control

30.       Contractor's Subsidiary Companies

 

1.  Definitions

 

1.1        For the purpose of this Contract Determination the following terms shall bear the meaning:

 

The Act shall mean - the Industrial Relations Act 1996 (NSW)

 

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

 

Concrete shall mean - a product whether mixed, blended or batched, that contains but 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.

 

Continuous Pours shall mean -

 

(a)        A slab and any walls, columns, stairs and the like, provided they are an integral part of the said slab and are poured at the same time;

 

(b)        Road pavements; or

 

(c)        Multiple strip footings within a radius of 1/2 kilometre.

 

All other work is excluded as a continuous pour.

 

Contract of Carriage shall have the meaning defined in the Act.

 

Contract Carrier or Carrier shall mean - a single operator owner driver trading as an incorporated body (where the operator owner driver is a director and controlling shareholder of the incorporated body) who is engaged under a contract of carriage with the Principal Contractor as defined.

 

Contractor shall mean - Principal Contractor as defined in the Act. The Principal Contractor in this Contract Determination is Hanson Construction Materials Pty. Ltd.

 

Country means - the area outside the Sydney Metropolitan Area as defined and within New South Wales.

 

Cyclic roster shall mean:

 

(a)        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;

 

(b)        when the roster has been fully addressed the roster then changes so that the truck number that was first becomes last.  Each truck number is moved up one position in turn, and so on; and

 

(c)        Each Carrier will start the day, when not rostered off, in order of a single cyclic roster and thereafter in order of his return to plant.

 

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

 

Mixer shall also mean - Agitator and vice versa.

 

Sydney Metropolitan Area is, for the purpose of this Contract Determination, limited to the area in which concrete is produced and delivered within the following boundaries:

 

Stanwell Tops, Bulli, Mt. Ousley, Appin, Razorback, Warragamba, Emu Plains, Sackville, Hawkesbury Bridge, Terry Hill, Palm Beach (See Schedule H).

 

Union shall mean - the Transport Workers' Union of New South Wales which term includes the Ready mixed Concrete Executive Committee of the Union.

 

Written Authority shall mean - any approved document that bears the signature of the Carrier or the Contractor as the case may be.

 

1.2        Interpretation

 

Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number.

The masculine gender shall include the feminine and neuter genders.

 

2.  Area Incidence and Duration

 

(a)        This Contract Determination contains all of the rights and obligations of the Contractor and Carriers. The Contractor is hereby exempted from the Transport Industry Concrete Haulage Contract Determination.

 

(b)        This Contract Determination shall take effect on and from 1st November 2004 and shall remain in force for a period of three (3) years (unless varied by written agreement prior to that time).  Notation:  This Contract Determination represents a ten (10) year commitment by both parties. It is not the intention of either party to vary that commitment.

 

3.  Term of Contracts of Carriage

 

3.1        Carriers shall be granted Contracts of Carriage with the Contractor as follows:

 

(a)        The term of the Contact of Carriage shall be ten (10) years commencing on 1st November 2004 if the Carrier provides a truck:

 

(i)         which is aged between 0 and 4 years (for Sydney Metro) or between 0 and 8 years (for NSW Country) as at 1 November 2003; and

 

(ii)        which has a gross carrying capacity of 22.5 tonnes (6wheelers) or 27.5 tonnes (8 wheelers).

 

(b)        Where the Carrier cannot provide a truck which is aged between 0 and 4 years (for Sydney Metro) but is able to provide a truck which is aged between 4 and 8 years as at 1 November 2003 and otherwise complies with the requirements of sub-clause (ii) above then the Carrier shall be granted a five (5) year Contract of Carriage.

 

Where the Carrier introduces a truck to the fleet which meets the age criteria in sub clause (a) above and this introduction is effected during the five (5) year contract period then that Carrier shall receive a further five (5) year extension to make a total of a ten (10) year contract.

 

Notation: the age of a truck is to be determined by reference to the date upon which the vehicle was first registered.

 

(c)        Where the Carriers listed hereunder provide a truck which is capable of operating an hydraulic agitator and is in a reasonable condition as determined by the Contractor then the Carrier shall be granted a five (5) year Contract of Carriage.  The Carriers are:

 

PLC2265 at Moree

PLC2216 at Moree

PLC2295 at Gunnedah

PLC2232 at Blayney

PLC2223 at Cowra

 

(d)        Notation: If the NSW State Government introduce changes to the laws relating to truck carrying capacities or legal loading limits then Carriers covered by this Contract Determination may choose to modify or change their truck in order to comply with the changed laws and take advantage of increased carrying capacities. In any event all Carriers must provide trucks which comply with the law as varied by the government from time to time.

 

3.2        Termination of Contracts of Carriage

 

(a)        From 1 November 2004 if the Contractor decides to terminate a contract of carriage for any reason other than serious misconduct the Contractor shall pay to the Carrier an immediate termination payment of $66,000.00 and the contract shall terminate forthwith.  In addition to the termination payment the Contractor shall offer to purchase the truck owned by the Carrier at the relevant market value at that time.  The Carrier may choose to accept or reject the offer of the Contractor.

 

(b)        Where the Contractor terminates a contract of carriage at any time by reason of serious misconduct by the Carrier then the Contractor has the right to terminate the contract without notice and without an obligation to make any compensation payment to the Carrier. For the purposes of this Arrangement "serious misconduct" may include acts of physical violence, serious theft, serious threats made to a person, gross negligence.

 

(c)        Where a Carrier decides to leave the fleet and not invoke the provisions of Clause 4 Assignment of Contracts of Carriage then the Carrier must give the Contractor no less than one (1) months notice of intention to leave. The Contractor and the Carrier may negotiate a purchase by the Contractor of the Carrier’s truck if they so choose.

 

4.  Assignment of Contracts of Carriage

 

4.1        For the period between 1 November 2004 and 31 October 2005 any Carrier may assign the contract of carriage on the open market provided that no more than three (3) Carriers will be permitted to assign each calendar month. Thereafter Carriers with more than 8 or more years service with the company or its predecessors in title may assign on the open market on the following terms:

 

(i)         the Carrier has no obligation to first offer the contract for assignment to the Contractor;

 

(ii)        the purchaser introduced by the Carrier must be approved by the Contractor. Approval will not be unreasonably withheld but the Purchaser will be required to pass a pre-engagement medical and submit to a check of their previous work history;

 

(iii)       the assignment shall take place on the last business day of the relevant calendar month;

 

(iv)       no more than eight (8) such assignments in Sydney Metro and eight (8) such assignments in NSW Country shall be permitted to occur each year.

 

Note: The parties acknowledge that 12 long serving carriers have already been given approval to assign their contracts of carriage on the open market between 1st November 2004 and 31st October 2005 in addition to that set out in clause 4.1.

 

4.2        If any Carrier (other than those seeking to assign under the provisions of Clause 4.1 above) seeks to assign their contract of carriage then the following procedure shall apply:

 

(i)         the Carrier must first offer the contract to the Contractor. The offer must be in writing and the Contractor has 28 days to consider its position and respond to the offer.

 

(ii)        If the Contractor decides to accept the offer of the Carrier the purchase price shall be deemed to be $66,000.00. Upon advising the Carrier of its decision to accept the offer the Contractor shall pay the Carrier the said amount of $66,000.00 and the Carrier shall depart the fleet immediately. The Contractor shall also offer to purchase the truck of the Carrier for the relevant market value at the time and the Carrier may choose to accept the offer of the Contractor if the Carrier so wishes.

 

(iii)       If the Contractor decides to reject the offer of the Carrier then the Contractor shall advise the Carrier accordingly and the Carrier shall be free to assign the contract on the open market.

 

(iv)       Any purchaser introduced by the Carrier must be approved by the Contractor. Approval will not be unreasonably withheld but the Purchaser will be required to pass a pre-engagement medical and submit to a check of their previous work history;

 

(v)        the assignment shall take place on the last business day of the relevant calendar month.

 

5.  Cartage Rates

 

5.1        Cartage Rates Payable to Carriers

 

(a)        The Contractor shall pay to a Carrier the utilisation cartage rates ("the utilisation rates") set out in Schedule A hereto.  All transfers, and surcharges are included in rates as shown in Schedule A with the exception of:

 

(i)         transfers - outside the Sydney metropolitan area;

 

(ii)        surcharges - Sundays, public holidays (or as otherwise agreed);

 

(iii)       waiting time;

 

(iv)      workshop transfers in excess of 30 km

 

Notation: for transfers outside the Sydney Metropolitan area and for workshop transfers the total distance travelled to and from the plant/workshop shall be calculated less the first 30 kilometres of the trip i.e. if the total distance travelled there and back is less than 30 kilometres then no transfer shall be paid.  If the total distance travelled there and back is more than 30 kilometres then a transfer will be paid for the total distance travelled.

 

(b)        Utilisation will be measured on a plant-by-plant basis.  The Contractor shall not use a particular plant utilisation rate as a means of disadvantaging another plant which may have a lower utilisation rate. Utilisation for 8 wheeler vehicles will be calculated separately from 6 wheeler vehicles again on a plant-by-plant basis.

 

(c)        On and from 1st November 2004 and on and from the 1st day of every subsequent six monthly period (Sydney Metro) or every subsequent quarter (NSW Country) during the term of the Contract of Carriage, the plant average utilisation rates as adjusted for the previous quarter (calculated on a moving annual total basis) will be payable by the Contractor to the Carrier.

 

(d)        Notation: The utilisation rates contained in Schedule A are graduated in measurements of 100 m3 and are paid to Carriers accordingly.

 

(e)        The utilisation rates paid are based on the plant average, and will exclude those Carriers who have an availability less than ninety five percent (95%) of required working days in the relevant quarter.

 

(f)         The utilisation rates applicable for Metropolitan carriers will be reviewed on 1st May 2005 and thereafter each November and May based on increases or decreases in the cost formula set out in the Rise and Fall Schedule annexed hereto (which Schedule is at the front of Schedule A hereto).

 

The utilisation rates applicable for Country carriers will be reviewed each quarter and adjusted in accordance with the May and November review adjustments arising from the Metropolitan rates review.

 

(g)        A minimum lead of 3km shall apply at all times, however where a plant has an average cartage distance of less than 5km then a minimum lead of 5km shall apply at that plant

 

(h)        Country work for metro carriers performing cartage outside the Sydney metro zone, it is agreed that the 4500 m3 utilisation rate will apply.

 

5.2        Waiting Time

 

The Contractor shall pay Waiting Time to the Carriers on the following basis:

 

(a)        As a fundamental obligation of this Contract, the Carrier must obtain a customer signature on the delivery docket. If the customer does not sign the Carrier must PRINT the name of the Carrier on the delivery docket and then the Carrier must sign the docket clearly and legibly and note the reason for no customer signature.

 

(b)        Provided the carrier complies with the obligation contained in the sub-clause above the Contractor shall pay Waiting Time to the Carrier at the rate of $1.00 per minute for each minute spent on site after the first 40 minutes for a load of greater than three (3) cubic metres.  If the load is three (3) cubic metres or less, Waiting Time will apply at the rate of $1.00 per minute for each minute spent on site after the first 30 minutes. Time spent on site shall start at the arrival of the Carrier at the site in question which time of arrival shall be measured by the time at which the Carrier activates the Status Button in the vehicle of the Carrier.

 

Special Note: For 1 November 2004 to 1 February 2005 Metro Carriers will not be required to seek to communicate a charge to customers for waiting time.  However from 1 February 2005 it shall be the obligation of all Carriers to charge customers for waiting time in accordance with the procedure outline in Clause 5.2 (a) above.

 

(c)        Waiting time shall be paid to carriers in all situations where a carrier is required to remain at a site in a blowback situation.  Waiting time shall apply from the time the carrier arrives at the site until the time the carrier is able to depart the site.

 

5.3        Benefits Included In The Cartage Rates

 

(a)        The following payments are provided for in the rates payable to Carriers under this Contract Determination:

 

(i)         All benefits and entitlements under the Award; and

 

(ii)        Leave entitlements as follows:

 

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

 

(b)        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.

 

(c)        34.8 hours of long service leave per annum.

 

(d)        64 hours sick leave per annum in accordance with the Award.

 

(e)        16 hours bereavement leave.

 

(f)         RDO - 13 per annum leave (10 days may be taken and the balance of 3 are paid in the rates)

 

(iii)       Superannuation at 9% or any subsequently legislated percentage rate.

 

(iv)      The Carrier must take the leave provided above.

 

(v)       If the leave requirements provided herein vary then this will be reflected in the cartage rate.

 

 

(b)        Should the Contractor require the Carrier to man the vehicle when on leave entitlements, then in addition to the appropriate cartage rate the Contractor will pay to the Carrier the difference between the labour portion of the cartage rate paid for cartage in the relevant period and the actual amount paid to the relief driver as per the Award for a casual driver.

 

5.4        Haulage Area, Cartage Zones, and Transfer Fees

 

(a)        The Carrier shall haul concrete as required, from the Contractor's plants. Carriers shall be assigned to plants at the commencement of this Arrangement and these plant assignments shall be reviewed by the parties on a quarterly basis.

 

(b)

 

(i)         Where a vehicle is transferred outside the Sydney Metropolitan area with a load, that distance which is in excess of the round trip distance as per 5.1(a) to the plant in which the load was received shall be paid at the rate of "H" per km (as indicated in Appendix X hereto) if applicable.

 

(ii)        Where a vehicle is transferred outside the Sydney Metropolitan area without a load, a transfer fee of "H" per km shall be paid for distances in excess of 15km.

 

(c)        Approved travel to and from the workshop shall be paid at the rate of "G" per km, if applicable.

 

5.5        Measurement of Distance Travelled

 

Cartage payments shall be based on the shortest distance to site. The distance shall be rounded up to the nearest whole kilometre.

 

Any dispute arising in relation to distance travelled must be resolved within twenty four (24) hours between the Contractor's representative and the Carrier or his representative. Resolution of the dispute shall be on the basis of the shortest practicable route available at the time of delivery.

 

5.6        Minimum Load

 

A Carrier shall be guaranteed a minimum load of 3 m3 or a minimum payment on the basis of 3 m3.

 

5.7        Mixing in the Yard

 

A fee of "C" per load shall be paid to mix and discharge concrete into a customer's vehicle for transport from the plant and subsequent placement outside the boundaries of the plant. Ex-plant mixes shall be limited to completed orders not exceeding 3 m3.

 

5.8        Long Distance Rates

 

Where the load is required to be carried in excess of:

 

(i)         twenty five (25) km then each additional km will be paid on the basis of a 4 m3 minimum load; and

 

(ii)        fifty (50) km then each additional km will be paid on the basis of a 5m³ minimum load.

 

5.9        Standby Time

 

Where a Carrier is required by a Contractor to remain at the plant to take a delivery to a job commencing after normal delivery hours, for more than one hour, standby time will be paid at a rate of "E" for each complete half hour following the expiration of the initial hour.

 

Standby time is only applicable outside normal working hours before receiving a load and also between loads. After the expiration of one hour but only payable after each additional complete half hour, a Carrier must be on standby for a minimum of eighty nine (89) minutes before being entitled to a payment of "E".

 

Normal hours are 6.00 a.m. to 4.00 p.m. Monday to Friday and 6.00 a.m. to 12.00 noon Saturday.

 

Example

 

A Carrier is required to remain at the plant until 6.00 p.m. on Monday evening. He receives his first load at 6.00 p.m. and returns to the plant at 7.00 p.m. and is loaded again at 8.25 p.m. His entitlement in the above example is:

 

4.00 p.m. to 5.00 p.m.	No payment (initial hour).
5.00 p.m. to 6.00 p.m.	Standby time of 2 x "E"
Between 7.00 p.m. and 8.25 p.m.	No standby time.

 

However, should this second load have been batched at 8.30 p.m., his entitlement would be:

 

7.00 p.m. to 8.00 p.m.	No payment (initial hour).
From 8.00 p.m. to 8.30 p.m.	1 x "E"

 

5.10      Call-out Fee

 

A Carrier called back after normal delivery hours shall receive a minimum of 8 x "E".

 

Until surcharges equal 8 x "E" the difference between the surcharges paid and 8 x "E" will be paid to the driver as a call-out fee.

 

Where a Carrier is called back and does not receive a load after normal delivery hours, the Carrier shall be paid a call-out fee of 8 x "E".

 

5.11      Standby Function

 

Where the Contractor knowingly requires a Carrier to provide his vehicle at a plant which has a substantially reduced production capability for a period not less than one (1) hour, then the Carrier will be entitled to a standby function payment by the Contractor of "N" per hour or part thereof.

 

5.12      Concrete Produced for Contractor's Own Use

 

Where a Carrier is required to load concrete for the Contractor's own use within the confines of the Contractor's concrete plant where loaded, he will be paid at the rate of "O" per m3 with a minimum of 3 m3, plus waiting time, if applicable.

 

5.13      Penalty Rates

 

Surcharge rates per m3 based on a minimum of 3 m3 payable in respect of concrete loaded which is completed during the following hours shall be:

 

Saturday:	4.00 p.m. to)
Monday:	6.00 a.m.)	3 x "F"
Public Holidays:		3 x "F"

 

5.14      Multiple Discharge Points

 

(a)        Same Customer

 

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 km. Over one 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.

 

(b)        Multiple Customers/Multiple Dockets

 

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

 

5.15      Diverted Loads

 

(a)        Direct Diversion

 

Where a load is diverted en-route a Carrier shall 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 5.17 (a)

 

(d)        Return to Plant and Subsequently Dumped Outside Plant

 

Where the Contractor directs ANY quantity of leftover concrete that has been agitated in the yard to be taken to another site and dumped, payment shall be made in accordance with the utilisation rate for the respective area (with the respective minimum kilometres).

 

5.16      Leftover Concrete

 

(a)        All concrete remains the property of the Contractor and accordingly the Contractor reserves the right to direct where concrete is to be taken or if and where it is to be dumped. The Carrier shall contact the plant for instructions as soon as possible.

 

(b)        A Carrier will be paid for any returned load on the basis of a 3 m3 minimum for all quantities 3 m3 or below to a limit of 0.8m3 and at the appropriate rate for quantities above 3 m3.

 

(c)        When 3 m3 or more of concrete is left over from a job, return cartage shall be paid at the rate of 'B' with the exception of sub clause (i) (ii) (iii) and (iv) below hereof.

 

(i)         Where the load is rejected because of product fault.

 

(ii)        Where the load taken out is not required.

 

(iii)       When a truck is used to dispose of leftover concrete, such as a result of a pump line blowback.

 

(iv)      When the concrete is not returned to the "source" plant.

 

In all cases of sub clauses (i), (ii), (iii) and (iv) above return cartage shall be paid at the rate of 'B' with a 3 m³ minimum, provided that an amount equal to or in excess of 0.8 m³ is actually carried.

 

(d)        When a Carrier is required to agitate any quantity of concrete within the plant he will be paid at the rate of "I" per minute after completion of the first 15 minutes whilst awaiting diversion advice.

 

(e)        Where a carrier is required to transfer left over concrete to Wallgrove then it shall be paid as a new load.

 

5.17      Dumped Concrete

 

(a)        Where the Carrier is directed by the Contractor to dump concrete in the plant a dumping fee of "M" will be paid upon the carrier dumping the concrete as directed by the Contractor or if a Carrier is requested to "wash out" when carrying a quantity of 0.8 m³ or greater.

 

(b)        Where the Carrier is required to dump concrete outside the plant then the carrier shall be paid normal cartage rates for the load to be dumped.

 

5.18      Road and Bridge Tolls

 

(a)        The Contractor shall provide to all Carriers an E-Way Toll Tag to be affixed in the truck. It is the responsibility of the Carrier to advise the Contractor if the E-Way tag fails in any way. If the Carrier does not advise the Contractor then the Carrier will bear the responsibility for the cost of the tolls involved.

 

6.  Safety Net

 

6.1        Safety Net for Carriers with Ten (10) Year Contracts

 

(a)

 

(i)         An earnings safety net and guaranteed minimum earnings of $17,340 per quarter during the term of the Contract of Carriage will apply.

 

The safety net will be administered on an annual basis, in accordance with sub clause (iv) below, i.e. there will be adjustments up or down from quarter to quarter, as appropriate.  Reviews will occur during April (with the result to apply from 1 May) and October (with the result to apply from 1 November) each year. As at 1 November 2004 the current annual net earnings level below which a safety net payment will be due is $69,359.

 

(ii)        A Carrier who earns less than $17,340 in a quarter is entitled to a make-up payment for that quarter so that the earnings of the Carrier will equate to $17,340

 

(iii)       The make-up payment will be made in the pay period following the end of the relevant quarter.

 

(iv)      When a Carrier has been paid a make-up payment under this Safety Net Scheme then the Carrier is obliged to refund the make-up payment to the Contractor if the Carrier earns more than the minimum level of earnings in the following quarter or quarters. However at the end of the financial year (i.e. 30 June) the calculation ceases and then a new year is deemed to begin. Calculations are not carried forward to successive years. The contractor is duly authorised to deduct such safety net make-up payments from the carrier’s remittance where applicable.

 

(v)       The amount referred to in (a) (i) above as the annual net earnings level will be adjusted annually in accordance with movements in the rise and fall formula.

 

(b)        When a Carrier is "unavailable" (as explained in clause 6.1(d) his safety net will be reduced by $241.00 per day for each day he is unavailable in that quarter to a maximum of $17,340 per quarter.  (As adjusted as aforesaid in accordance with movements in the rise and fall formula contained in Schedule A).

 

(c)        The Contractor and the TWU will agree on a mechanism so that the Contractor is not disadvantaged by causes beyond its control and the Carrier is not disadvantaged by actions of the Contractor.

 

(d)        The normal week covers six (6) days, Monday to Saturday inclusive but totals an amount of 288 days as listed in Schedule A.  A Carrier will not be deemed to be unavailable for the purposes of the safety net guaranteed adjustment if:

 

(i)         The nominated plant is closed or unable to produce;

 

(ii)        The agitator is unserviceable, except by accidental damage by the Carrier;

 

(iii)       The Carrier is on approved annual leave (two (2) weeks per annum);

 

(iv)      The Carrier takes sick leave (eight (8) days per annum);

 

(v)       The Carrier has rostered day off (ten (10) days per annum); or

 

(vi)      The Carrier is notified the prior day that he is not required or is rostered off at the direction of the Contractor.

 

(vii)     The carrier takes a gazetted public holiday

 

6.2        Safety Net for Carriers with Five (5) Year Contracts Specified in Clause 3.1 (c)

 

The safety net scheme detailed in Clause 6.1 above shall apply to these Carriers but on the basis that all figures used in Clause 6.1 shall be reduced by 50%.  In all other respects the provisions of Clause 6.1 above shall apply to these Carriers.

 

7.  Cartage Accounts

 

(a)

 

(i)         The Contractor shall prepare Recipient Created Tax Invoices ("RCTI's") in accordance with dockets issued by the Contractor to the Carrier during the course of the accounting period.

 

(ii)        The RCTI’s, as prepared by the Contractor, shall be itemised on a daily basis which will include data, docket numbers, quantity of loads, kilometres, extra payments, amount per load and job address.

 

(iii)       All the above items will be totalled individually at the conclusion of the accounting period. The gross cartage figure should be shown, and any agreed deductions, e.g. income adjustments, fully itemised and a net figure then shown.

 

(iv)       The accounting period will be fortnightly.

 

(v)        Cartage accounts will be paid by electronic transfer within 10 working days following the end of each accounting period.

 

(b)

 

(i)         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 submission by the Carrier.

 

(ii)        Account discrepancies relating to other than the immediately preceding pay period shall be settled within thirty (30) days from the date of submission of the discrepancy.

 

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

 

(c)

 

(i)         Where a Carrier utilises a fuel purchase card supplied by the Contractor, the Contractor may deduct from the Carrier's cartage payments an amount equal to the value of the fuel purchased through the card.

 

(ii)        When a Carrier is overpaid, the Contractor shall supply appropriate details in writing to the Carrier who shall then immediately authorise the deduction of the amount of the overpayment from the next payment due to the Carrier. If a large overpayment is made to a Carrier (e.g. by computer error) then the Carrier must refund the overpayment to the Contractor immediately.

 

(iii)       No other deduction can be made from the Carrier's account without the prior written authority of the Carrier or as otherwise authorised in this agreement.

 

8.  Living Away from Home Allowance

 

(a)        A Carrier engaged in work, which precludes him from reaching his usual place of residence at night, 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, Newcastle and Wollongong.

 

(b)        Where a Carrier is required to transfer to a working area which precludes him from returning to his normal place of residence each night, the Contractor where possible will provide the Carrier with at least twenty four (24) hours prior notice of the request.

 

(c)        Where a Carrier is transferred outside his normal working area, such transfer will be for a period not exceeding seven (7) days duration or longer by mutual agreement and will be done from a cyclic transfer roster.

 

(d)

 

(i)         Transfer payment in addition will be paid at the rate of ("H") per km or part thereof that the Carrier is required to travel to and from the directed transfer location.

 

(ii)        A transfer docket must be issued by the Contractor to the Carrier prior to departure, wherever possible, otherwise on arrival at the destination.

 

(iii)       Should transfer be cancelled or redirected the relevant transfer docket will be adjusted by the Contractor immediately on the Carrier's return to the plant from which he was originally transferred.

 

9.  Statutory Requirements and Insurance

 

(a)

 

(i)         A Carrier shall comply with the provisions of all current relevant statutes and regulations made there under in relation to the use or operation of the truck and the Carrier shall ensure payment of all lawful fees, licences and taxes in relation thereto.

 

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

 

(b)        A Carrier shall arrange insurance cover and keep current whilst working under this Contract Determination in respect of:

 

(i)         Motor vehicle comprehensive.

 

(ii)        Motor vehicle third party/person.

 

(vi)       Worker's compensation for the permanent driver as well as a casual driver.

 

(vii)      Public liability cover to the value of $10 million.

 

(viii)     Public liability for damage by the agitator (extension).

 

(Note: if the agitator itself is damaged by a negligent act of the Carrier then the Contractor shall not be liable to compensate the Carrier)

 

(vi)       Public liability wrong delivery (extension)

 

(c)        All insurance policies, registration and license details will be checked by the Contractor every twelve (12) months to ensure compliance with the provisions of this Clause. Carriers must produce copies to the Contractor of all necessary documents to demonstrate that insurances, registration and license requirements are current and valid.

 

Any documentation produced by Carriers pursuant to this clause will be subject to privacy legislation.

 

10.  Loading

 

(a)        Size of Load

 

(i)         The Contractor has the right to nominate the size of load provided the Carrier has the right to refuse a load that is beyond the legal capacity of the vehicle or the rated capacity of the mixer.

 

(ii)        Each Carrier will be required to submit their truck for weighing at an accredited weighbridge (or alternatively be weighed by the RTA in the plant or at another approved site) on a quarterly basis. The Contractor shall bear the expense of the weighing procedure but the Carrier must comply when directed by the Contractor to undergo weighing. The truck shall be weighed when fully laden with water (i.e. when the Wash Down Tank is full of water).

 

(iii)       Each Carrier shall be loaded wherever possible to the maximum legal capacity of the Carrier’s truck (based on the density of the concrete mix at the relevant time) except in the case of a single load or message. Notation: this requirement shall not apply where loading a truck to its maximum capacity would result in possible spillage, environmental problems or quality issues.

 

(b)        Loading Order

 

(i)         The initial daily starting order will be in accordance with a cyclic roster.

 

(ii)        Thereafter all trucks will be loaded in order of their return to the plant with the exception of:

 

(a)        Mini mix loads (less than 3 m³).

 

(b)       Single load or message greater than the mixer capacity or legal carrying capacity of the truck next in line.

 

(c)        Trucks with returned concrete.

 

(d)       Notation: where the last load of the day or message can be sent in one (1) load so as to avoid extra cartage cost then the Contractor has the right to nominate a truck to take the load even though that truck is not the next in line in the roster. If sending the load in more than one truck will not involve extra cartage cost then the loading order will not change.

 

(iii)       The Contractor will operate a fleet of vehicles driven by its employees. This fleet of company owned vehicles will work in all rosters on the same basis as the Carrier Fleet.

 

(iv)       The Contractor's employee driven vehicles will not be preferentially loaded.

 

(v)        The initial loading time and the initial plant from which such loading shall take place will be notified by the Contractor to each Carrier before the close of business on the previous day.

 

11.  Hazardous Approach to Job Site

 

(a)

 

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

 

(ii)        If however the Carrier has notified the plant of the unsafe or hazardous job site and/or approach but attempts unsuccessfully to enter, he will be paid the cartage rate to and from the delivery site even if the delivery is ultimately completed, as above.

 

(iii)       In all cases if the Carrier refuses to enter and the delivery is not completed on that day without the use of additional equipment the Carrier 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 the Contractor, unless the load is diverted to an alternate location in which case the Carrier will be paid in accordance with 5.15 Diverted Loads, hereof.

 

(iv)       If the Carrier is required to wait for instructions from the plant he will be paid at the rate of "D" per minute for the total time he is required to wait after he has notified his plant.

 

(b)        Bogged Vehicles

 

(i)         Where a Carrier goes beyond the kerb to complete a delivery and his vehicle becomes bogged or is otherwise rendered inoperative as a consequence of such attempted delivery, the Contractor will arrange the services of an experienced salvage contractor to extricate the vehicle as soon as possible and will bear all costs for those arrangements.

 

(ii)        It will be the Contractor's responsibility to ensure that the salvage contractor selected is covered by the appropriate insurance policy to rectify any damage that the salvage contractor may cause to the Carrier's vehicle during the extrication process.

 

(iii)       Waiting time will be paid to the Carrier from the time the Carrier notifies the plant until the time of completion of extrication.

 

(iv)       Provided further that the reimbursement provision shall not apply where the vehicle becomes inoperative as a direct result of the Carrier's gross negligence or deliberate actions.

 

(c)        The Carrier shall be responsible for damage to property or vehicle arising from off-kerb delivery provided that the Carrier will not have responsibility in situations where the Carrier has been prevented from exercising due care (e.g. where a third party has given the Carrier poor directions which resulted in damage) or where the Carrier has properly notified the customer of the risk of damage.  Damage claims are to be settled quickly.

 

12.  Availability of a Suitable Vehicle

 

(a)        It is the obligation of the Carrier on each working day to personally supply, man, operate, and keep serviceable, the vehicle.  Any variation to this obligation will require notification from either party.

 

(b)

 

(i)         No vehicle shall be brought into service without prior approval by the Contractor. The Carrier must advise the Contractor in writing when a vehicle is to be introduced to the fleet by the Carrier.

 

(ii)        The Contractor shall have the discretion to refuse to load a vehicle that is unregistered or obviously defective.

 

If the vehicle is subsequently shown by the Roads and Traffic Authority not to be defective the Carrier will be paid as compensation at the rate "J" per hour or part thereof from the time the load was refused until the Contractor agrees to load the vehicle, with a maximum of eight (8) hours per day together with any additional statutory charges.

 

(c)        An unserviceable vehicle shall be repaired as soon as practicable.

 

(d)        Where a Carrier is unable to report for work with his vehicle he shall arrange for the Contractor to be informed at the earliest possible moment of the reason and the anticipated period of absence.

 

(e)        When a Carrier is required to submit his vehicle to the Road & Traffic Authority for annual inspection, he shall inform the Contractor 4 weeks prior to his registration renewal date or on receipt of his inspection notification whichever is the earlier.  If a reinspection is required due solely to a defective agitator, then a transfer fee of "G" per km or part thereof will be paid by the Contractor to the Carrier for the distance travelled to the nominated inspection station from the base plant plus any inspection fees payable.  In addition the Contractor will pay the Carrier at the rate of "N" per hour or part thereof for all time lost each day that he is prevented from his duties pursuant to this Contract Determination to a maximum of 8 hours each day.

 

13.  Responsibility for Load

 

(a)        The Contractor will 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 total water required to bring that load up to specification.

 

(b)

 

(i)         A Carrier shall ensure that the load is properly mixed as required by the Contractor's instructions and that the slump of the concrete will be in accordance with Australian Standard AS 1379:

 

(a)	Less than 60mm.	plus or minus 10mm;
(b)	More than 60 and less than 80mm.	plus or minus 15mm;
(c)	More than 80 and less than 110mm	plus or minus 20mm;
(d)	More than 110mm and less than 150mm	plus or minus 30mm;
(e)	More than 150mm.	plus or minus 40mm.

 

(ii)        The slump requirements detailed above must be met by the Carrier before the carrier leaves the plant to deliver the load in question. The Carrier has the right to adjust the slump up to the point of discharge in order to ensure the slump is accurate.

 

(c)        The agitator drum must be kept turning at all times when it contains concrete other than kerb maker or low slump concrete.

 

(d)

 

(i)         A Carrier shall visually inspect each load prior to leaving the plant and shall advise the Contractor of any apparent unusual features of the load which may have occurred due to batching error, plant failure, or contamination.

 

(ii)        Any failure to report any obvious unusual feature arising from a visual inspection shall be dealt with in accordance with the Disputes Procedure herein.

 

(e)        When a load is rejected at a job site because the slump is outside the nominated tolerance contained herein, or the Carrier has not visually inspected the load prior to leaving the plant the Carrier will not be paid for the cartage.  If the load is subsequently dumped the Carrier shall refund to the Contractor the materials cost as detailed in the Bill of Materials (BOM) in circumstances where the slump is so grossly out of specification (i.e. two times the tolerance) that the Carrier has failed the duty of care.

 

(f)         The Carrier is responsible to ensure that all delivery dockets are signed by the customer and properly completed in all relevant sections. Where this is not done the Carrier may not be paid for the load.

 

(g)        A Carrier shall collect money from COD customers for all concrete charges, including the waiting time. All moneys collected shall be submitted in full (as soon as possible) to the plant manager or allocator, who shall immediately issue the Carrier with a receipt.

 

(h)

 

(i)         The Carrier shall immediately advise the Contractor 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 the Carrier and the customer.

 

(ii)        Carriers are not required to carry a float for the purposes of provided a change facility.

 

(iii)       The Carrier will take all due care for any money collected.

 

(i)         In the case of a delivery of concrete to a kerb-making machine, the Carrier assumes no responsibility for the slump of the load as it is delivered in an "as batched" condition. However the Carrier will remain responsible for the detection of obvious problems such as high slump or complete absence of cement.

 

(j)         Where an additive is added by the customer or third party after batching, the Carrier is automatically absolved of any responsibility for the slump.

 

(k)        The concrete specification as shown on the cartage docket cannot be changed by any party after batching.

 

(l)

 

(i)         Where returned concrete is re-used and is more than 1 1/2 hours old at the time of reloading, and the return cartage is greater than 0.8 m3 and topped up, the Contractor will assume full responsibility for the load, thus excluding the Carrier from his responsibility for the slump of the load.

 

(ii)        The Carrier will assume responsibility for any breaches in vehicle legal load limits in relation to this matter as the Contractor has given the Carrier the discretion to dump any concrete from that topped-up load that the Carrier may deem to place him in breach of his vehicle's legal load limit.

 

14.  Breakdowns

 

(a)

 

(i)         Neither the Contractor or Carrier shall be responsible to each other for any loss resulting from plant mixer and/or vehicle breakdowns except in the situation set out in clause 5.11 (Standby Function).

 

(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.

 

(b)        In any situation where either the truck or the mixer breaks down and the Carrier is carrying concrete then the Carrier must immediately notify the Contractor. The Contractor shall then assume the responsibility of dealing with the matter however the Carrier is obliged to co-operate fully with the Contractor in order to avoid any damage to the mixer.  The Carrier shall not be required to participate in the actual removal of the concrete from the agitator.

 

15.  Two-Way Radio and GPS Equipment

 

(a)        The Carrier shall agree to the installation of two-way radio and GPS equipment on his vehicle.  All equipment shall be installed by the Contractor'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 the Carrier.

 

(b)        When such equipment is removed the Contractor shall make good the bodywork.

 

(c)        The Carrier shall take due care to ensure adequate protection of the equipment.

 

(d)        The equipment is to be operated and appropriate procedures are to be followed as laid down by the Contractor.

 

(e)        The Contractor shall be responsible for the maintenance of the two-way radio and GPS equipment.

 

(f)         The Contractor shall provide to the Carrier at no cost the Carrier, all stationery required to properly operate the GPS equipment and any other monitoring equipment installed in the vehicle as required by the Contractor.

 

16.  Provision of Mixer

 

(a)

 

(i)         The Contractor shall be responsible for the provision of a mixer with a mixing capacity of not less than 5 m3 and its safe and proper initial fitting to the Carrier's vehicle in accordance with the specifications of the respective manufacturers, including the supply of new bolts, clearance lights, mud flaps and protective chassis/agitator cover plate acceptable to the Carrier.

 

(ii)        If an agitator is reasonably required by the Carrier or the Contractor to be removed at any time for any reason, the total cost of agitator removal and replacement will be borne by the Contractor.

 

(b)        After the initial fitting referred to in 16(a) hereof the Carrier shall be responsible for the mixer being properly secured to the vehicle. The Carrier will be responsible for all maintenance and replacement of clearance lights, globes and mud flaps. Mudflaps will be supplied to the Carrier by the Contractor free of charge.

 

(c)        The Carrier by mutual agreement may have the U bolts adjusted by a qualified mechanic and the costs incurred will be paid by the Contractor provided that the Contractor's workshop shall have the opportunity of undertaking the adjustments. The appropriate transfer fees will be paid to the Carrier by the Contractor.

 

(d)

 

(i)         The mixer shall remain the property of the Contractor and on completion of its use will be removed by the Contractor at a location nominated by the Contractor at a time mutually agreed between the carrier and the contractor by in any event, within forty eight (48) hours.

 

(ii)        The Contractor will pay to the Carrier a transfer fee of "G" per km or part thereof to and from the nominated location.

 

(iii)       The Carrier will be paid at the rate of "N" per hour by the Contractor to allow for the Contractor's removal of the mixer from the Carrier's vehicle.

 

(e)        Hydraulic Mixers

 

The Contractor will provide regular maintenance in accordance with the mixer manufacturer's recommendations at no cost to the Carrier. All modification and fitting work is to be done expeditiously and in any case not longer than 5 working days. The Carrier will be paid by the Contractor at the rate of "N" per hour to a limit of 8 hours per day.

 

17.  Mixer Care and Maintenance

 

(a)        A Contractor's mixer is in the care of the Carrier who shall keep the unit clean and tidy to the satisfaction of the Contractor.

 

(b)

 

(i)         A Carrier undertakes 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.

 

(ii)        All cleaning materials and equipment necessary for cleaning the agitator will be supplied by the Contractor and shall comply with any and all statutory requirements and regulations.

 

(c)        The Carrier shall report any and all apparent maintenance requirements to the Contractor.

 

(i)         The Carrier shall convey the mixer to the workshop for repairs or maintenance as requested by the contractor. Such repair or maintenance requirements will be carried out wherever possible outside normal Carrier's operating hours and all work will be completed as soon as possible and without delay. If any delay is experienced by the Carrier for reasons beyond his control, the Carrier will be paid by the Contractor at the rate of "N" per hour or part thereof to a maximum of eight (8) hours per day.

 

(ii)        The Carrier will be paid for transfers to and from the workshop at the rate of "G" per km or part thereof and the forward and return journey will be treated separately. If the Carrier is required to wait for his vehicle he will be paid at a rate of "K" per hour or part thereof. If he is not required to wait, a means will be provided by the Contractor at the Contractor's cost to convey the Carrier to his place of residence and return him to the workshop as when required.

 

(d)        The Carrier shall be responsible for minor maintenance as described below:

 

Greasing

 

Cleaning

 

(e)

 

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

 

(ii)        All de-dagging will be carried out strictly in accordance with the agreed procedure and in compliance with all statutory health and safety regulations.

 

(iii)       All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between the Carrier and the Contractor.

 

(iv)       It shall be the responsibility of the Carrier to properly wash out the mixer on at least a daily basis (or as instructed by the Contractor).

 

(f)         The Contractor shall be responsible for all major maintenance to the mixer.

 

(g)        The Carrier is responsible for provision of the fuel to run the truck.

 

(h)        The Contractor is responsible for the provision of oil and grease for the mixer.

 

(i)         The Contractor's mixer is to be parked only in places approved by the contractor.  The Carrier is not responsible for any loss or damage to the Contractor's equipment when so parked.  The Carrier is responsible to make their truck and mixer available for servicing when required by the Contractor.

 

(j)         A Carrier will not be responsible for any damage to the mixer whatsoever except in the case of a Carrier's negligence or deliberate action.

 

18.  Painting and/or Signwriting of the Mobile Unit

 

(a)        The Contractor shall arrange for periodical painting and/or sign writing of the mobile unit.

 

(b)

 

(i)         All painting (including sandblasting) is to be done expeditiously, weather permitting, in not more than 8 working days using a quality of paint that is acid resistant and capable of withstanding the arduous conditions of the industry.  The painting will be undertaken by a recognised truck painting contractor and the standard of finish will be not less than that provided by tradesmen specialising in this field.

 

(ii)        All necessary surface preparations and procedures recommended by the paint manufacturers will be strictly adhered to in order to ensure a professional standard of outcome.

 

(c)        The mobile units will be repainted at intervals deemed appropriate by the Contractor.

 

(d)        For the purpose of this clause "mobile unit" shall mean the complete truck and agitator including all their components and external surfaces without exception.

 

(e)        For all times in excess of 8 working days or where a vehicle has to be returned for repainting or painting repairs, the Carrier will be paid by the Contractor at the rate of "N" per hour or part thereof with a maximum per day of 8 hours plus all relevant transfer fees, waiting time and the reimbursement of all travelling costs.

 

19.  Manning

 

(a)        A Carrier when employing an alternate driver shall engage the driver under terms and conditions of the Transport Industry (State) Award and shall require the driver to observe the terms of this Contract Determination in the operation of the vehicle.

 

(b)        A person operating the truck of the Carrier pursuant to this Arrangement must first be fully inducted and approved in writing by the Contractor.

(c)        A Carrier shall be the permanent operator of the vehicle except on a period of absence approved by the Contractor.

 

(d)        A Carrier and/or driver shall act in the best interests of the Contractor at all times.  In the event of a dispute arising in respect of this clause, the procedure in clause 24 Disputes Procedures shall be observed.

 

(e)

 

(i)         A Carrier shall ensure that the driver of the vehicle holds the appropriate class of driver's licence as required by the Roads & Traffic Authority.

 

(ii)        In the event that the driver has his licence suspended or cancelled, the Carrier must immediately inform the Contractor in writing of that fact and that person must not drive the truck under any circumstances.

 

20.  Uniforms

 

(a)        A Carrier and/or his driver shall maintain an acceptable neatness of dress and appearance.

 

(b)

 

(i)         Where a uniform is required to be worn by the Carrier, then such uniform shall be supplied free of charge to the Carrier by the Contractor.

 

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

 

(iii)       Clothing issues to Carriers will be on a points system per item.  From the date of this Arrangement each Carrier will be entitled to receive uniforms totalling eight (8) points per year.

 

Uniform item points are as follows:

 

Two shirts (short or long)	2 points
Two trousers (short or long)	2 points
Two pairs of overalls	4 points
Four t-shirts	4 points
One winter jacket	4 points

 

(c)        New entrants into the industry must receive an initial double uniform issue.

 

(d)        Wet weather and safety gear is to be supplied in accordance with the Award.

 

21.  Amenities

 

All amenities are to comply with relevant legislation 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 the Contractor.  Carriers will conduct themselves in a tidy and appropriate manner.

 

22.  Fleet Size

 

Subject to the terms of this Contract Determination the Contractor shall have the absolute discretion to vary its fleet size in any manner and for any reason.

 

23.  Commitment to Training

 

(a)        The parties to this Contract Determination recognise the mutual benefits to be gained through a greater commitment to training and, accordingly, each party commits itself to attending appropriate training programs in order to increase the competitive performance of the Contractor and its Carriers. Carriers would be required only to attend training programs outside the Contractor's concrete production hours where mutually agreed.

 

(b)        When training is undertaken at the request of the Contractor it will be undertaken at no cost to the Carrier.

 

(c)        If a Carrier is required to attend such training the Carrier shall be paid at the rate of "K" per hour or part thereof plus the appropriate penalty rates plus all allowances covered by the Award plus travelling expenses to and from his residence at the rate of "L" per km or part thereof.

 

(d)        A prospective Carrier shall spend a minimum of 2 weeks training to operate the mixer, slump, etc., including a training period of one day in the contractor's Quality Control Laboratory under the Contractor's supervision followed by one day field testing under the supervision of the Contractor's testers.

 

(e)        All Carriers engaged pursuant to this Arrangement must obtain Certificate 3 in Transport and Distribution (Road Transport) through an approved training provider. All carriers must be signed up to a course to complete this certificate training prior to 1 November 2005.Thereafter new entrants to the Hanson fleet must sign up to the course when they commence.

 

24.  Disputes Procedure

 

(a)        It is understood and accepted by all parties to this Contract Determination that work shall continue normally during all negotiations and any necessary proceedings.

 

(b)        When there is a disagreement, the Carrier shall attempt to resolve the matter by negotiating with the Contractor or his representative on site.

 

A Carrier elected as a Yard Delegate shall upon notification to the Contractor by the union be recognised as the accredited representative of the union. Yard delegates and Executive Committee members will be provided with reasonable access to and use of a telephone at no cost for the purpose of union matters.

 

(c)        Where the matter is not resolved, the Yard Carrier Delegate shall attempt to resolve the matter by negotiation with the Contractor or his representative on site.  Where applicable the Carrier's executive delegate or his representative may be party to further negotiations with the Contractor.

 

(d)        If the matter remains unresolved the Chairman of the Industry concrete section or his representative of the Union along with an official of the Union and the Company's executive delegate shall be party to continued negotiations with the Contractor.

 

(e)        If the matter remains unresolved the Secretary, Assistant Secretary or the representative of the Union may be party to continued discussions/negotiations with the relevant representatives of the Contractor.

 

(f)         If the matter is unresolved the matter will be notified to the Industrial Relations Commission of New South Wales.

 

25.  Rostering

 

(a)        The Contractor undertakes that it will operate rosters to ensure that plant utilisation for Carriers is effective for all parties.

 

(b)        The Contractor will not roster-off a Carrier simply because he is earning in excess of the average plant utilisation applicable during the relevant period.

 

(c)        Those rosters will include:

 

(i)         Daily start cyclic roster

 

(ii)        Daily transfer cyclic roster

 

(iii)       Period (not exceeding one month) transfer cyclic roster.

 

(iv)       Roster-off roster (where there are vehicles surplus to customer requirements) as per the agreed Business Rules.

 

(d)        The Contractor shall regularly consult with Carrier representatives to ensure the utilisation system is operating effectively.

 

(e)        If it is found that a Carrier or Carriers are experiencing low utilisation then the Contractor may move those Carriers to other locations with a view to improving their utilisation

 

26.  Plant Stored Carrier's Equipment

 

The Contractor will provide sufficient space for the safe storage of equipment that is reasonably necessary to assist in the efficient and effective running of the Carrier's cartage business.

 

27.  Business Viability

 

(a)        Where the available work at a plant falls below a level, which is viable for the Carrier or Carriers at that plant, then the Contractor may transfer the Carrier or Carriers to another plant.

 

(b)        If a Carrier refuses to accept a transfer in the circumstances of subclause (a) hereof then the matter shall be dealt with through the Disputes Procedure. In all circumstances the Carrier shall remain free to resign from the fleet or sell his contract subject to the terms of this Contract Determination.

 

28.  Occupational Health and Safety

 

(a)        The Contractor will establish a Safety Committee with a maximum of two Carriers representatives elected to the Committee.

 

(b)

 

(i)         The Contractor will pay each elected Carrier's safety officer for any and all time such Carrier spends in relation to their duties as safety officers as requested by the Contractor.

 

(ii)        Such Carrier will be paid promptly but in any case not later than 14 working days from the date their time is expended.

 

(iii)       In addition, the safety officer will be paid by the Contractor at the rate of "K" per hour or part thereof plus the Award penalty rate travelling time to a maximum of half hour each way plus "L" per km or part thereof that he is required to travel from his base plant or place or residence whichever is the greater, to and from the respective location requiring his presence.

 

29.  Environment Protection and Pollution Control

 

(a)        Operational Procedures

 

The Contractor will provide the Carrier with a written procedure relating to the delivery of concrete.  It is the Contractor'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 the Carrier's responsibility to comply with the Contractor's reasonable written procedures.

 

(b)        Contractor's/Carrier's Liability

 

The Contractor will indemnify the Carrier against all claims for cost, damages and/or legal expenses and any further liabilities that may arise whilst performing his duties as a Contractor's Carrier in accordance with the Contractor's operational procedures or if none are available, the usual custom and practice save for liability arising as a direct consequence of the Carrier's gross negligence or deliberate action.

30.  Contractor's Subsidiary Companies

 

The Contractor undertakes that it will not use any of its subsidiaries or related corporations to restrict or reduce the optimum utilisation of its contract carrier fleet.

 

Schedule A

 

RISE AND FALL

 

 

 

sCHEDULE A

 

Utilisation Rates

 

Utilisation  6000