BORAL COUNTRY - CONCRETE AND QUARRIES CONTRACT DETERMINATION

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 6709 of 2005)

 

 

Determination

 

1.  Index

 

Clause No.         Subject Matter

 

1.         Index

2          Preamble

3.         Definitions

4.         Cartage Rates

5.         Payments Provided for in the Rates

6.         Haulage  Area

7.         Living Away From Home

8.         Boral Vehicles

9.         Haulage Accounts

10.       Loading and Delivery of Products

11.       Breakdowns

12.       Size of Load

13.       Hazardous Approach to Job Site

14.       Availability of a Suitable Vehicle

15.       Communication Equipment

16.       Mixer Care and Maintenance

17.       Provision of a Mixer

18.       Painting and/or Sign writing of Mobile Unit

19.       Renegotiation

20.       Substitute Driver

21.       Uniforms

22.       Purchase of Product or Goods

23.       Insurance

24.       Amenities

25.       Dispute Procedure

26.       Rates

27.       Carrier Service Rebate

28.       Union and Delegates

29.       Meetings

30.       Area Incidence and Duration

 

Schedule A - Monthly Retainer

Schedule B - Variation of Rates

 

2.  Preamble

 

2.1        Boral's intent in operating under this Contract Determination is to:

 

(i)         apply the benefits of utilisation based competitive rates to competitive advantage to maintain Boral's market share in country NSW and in key regional markets more specifically; and

 

(ii)        not reduce the available volume of cartage to Carriers as a consequence of this Contract Determination.

 

3.  Definitions

 

For the purposes of this Contract Determination the following terms shall bear the meanings:

 

3.1        “The Act” shall mean the Industrial Relations Act 1996.

 

3.2        “Carrier” shall mean a company engaged by Boral to perform contracts of carriage as defined in section 309 of the Act.

 

3.3        “Boral” shall mean Boral Resources (Country) Pty Limited it successors, assignees and transmitees.

 

3.4        “High capacity duplex vehicle” shall mean an articulated vehicle capable of carrying in excess of eight (8) cubic metres of concrete and with the capacity of performing a second haulage task by changing the mixer for another body type.

 

3.5.       “Union” shall mean the Transport Workers' Union of New South Wales (registered under the  Act as  an Association of Contract Carriers).

 

3.6        “Product” shall mean pre-mixed concrete or batched materials.

 

3.7        “Cartage work” shall mean the mixing and carriage of product in the mixer (and everything connected with it) by the Carrier as and when required by Boral.

 

3.8        “Communication equipment” shall mean a two-way radio, satellite tracking equipment etc.

 

3.9        "Standard uniform issue" shall include:

 

3 shirts (per year);

 

2 trousers or 3 shorts or 1 trousers and 2 shorts (per year);

 

3 pairs of socks (per year);

 

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

 

jacket (every 2 years).

 

Notation: Double the issue of items (a), (b) and (c) when first issued.

 

3.10      "Standard protective equipment" shall include, per year:

 

(a)        1 vest;

 

(b)        1 helmet;

 

(c)        1 earmuffs;

 

(d)        2 rubber gloves;

 

(e)        2 riggers gloves; and

 

(f)         1 safety glasses;

 

and any additional items referred to in clause 41 of the Transport Industry (State) Award which shall be provided when required and replaced on an item for item exchange basis thereafter.

 

3.11      “Such terms” (refer clause 23.1) shall mean that:

 

each insurance policy covers such risks and contains such conditions, endorsements and exclusions as are reasonably acceptable to or reasonably required by Boral; and

 

(b)        (unless Boral agrees otherwise or unless any relevant law precludes this) Boral is named as principal for its respective rights and interests and for the purposes of a cross liabilities clause as permitted by law.

 

4.  Cartage Rates

 

4.1

 

(a)        Carriers shall be paid:

 

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

 

(ii)        (B) per cubic metre flag fall up to 3km; and

 

(iii)       (C) per cubic metre per kilometre thereafter (part kilometres rounded up to the nearest whole kilometre) that the load is carried.

 

(b)        The rates set out in this Contract Determination shall be varied in accordance with the provisions of Schedule "B".

 

Notation: refer to clause 26 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        Minimum Load – A Carrier shall be guaranteed a minimum load of 3 cubic metres or a minimum payment on the basis of 3 cubic metres. For cartage distances in excess of 25 kilometres, a Carrier shall be guaranteed a minimum payment on the basis of 4 cubic metres for such kilometres in excess of 25 kilometres.

 

4.3        Mixing in the Yard – A fee of (D) per load shall be paid to mix and discharge product into a customer’s vehicle for transport from the plant and subsequent placement outside of the boundaries of the plant.  Ex-plant mixes shall be limited to completed orders not exceeding 3 cubic metres.

 

4.4        Penalty Rates – Surcharges per load shall be payable in respect of product delivered which is loaded in the following hours:

 

Monday to Friday	6.00pm to 6.00am	(E)
Saturday	after 1.00pm	(F)
Sunday		(K)
Public Holiday		(L)

 

4.5        Hourly Hire – where a Carrier is requested by Boral (and the Carrier agrees) to work on site on hourly hire, (G) per hour.

 

Boral shall reimburse a Carrier on provision of a receipt (which may include an e-tag receipt or monthly account statement) for all road and bridge tolls paid when performing the cartage work on the route directed by Boral.

 

4.7        Diverted Loads –

 

(a)        Direct Diversion - Where a load is diverted enroute 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.

 

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

 

(ii)        Return  to Plant and  Dumped -  It shall  be paid for  as in (a) (i) above.

 

(iii)       Return to Plant and Subsequently Dumped Outside Plant - where Boral directs any quantity of left over product that has been agitated in the yard to be taken to another site and dumped, payment shall be made at the rate of (C) per kilometre with a minimum of 3 cubic metres and a 3 kilometre minimum.

 

4.8        Multiple Discharge Points –

 

(a)        Same Customer - Payment for haulage covers the total distance travelled until delivery is completed.  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  kilometre.  Over one kilometre, the total of the additional kilometres travelled will be added to the ticket and paid as if the original load was carried for the entire distance.

 

(b)        Multiple Customers - 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.

 

4.9        Left Over Product –

 

(a)        All product remains the property of Boral and accordingly Boral reserves the right to direct where product 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)        No payment shall be made when product is dumped in the vicinity of the job site.

 

(c)        When 3 cubic metres or more of product are left over  from a job, return cartage  shall be paid at the rate of (C) per kilometre per cubic metre.

 

When less than 3 cubic metres is returned in one and only one of the following circumstances:

 

(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 left over product, such as a result of a pump line blow-back; or

 

(iv)      when the product is not returned to the "source" plant,

 

a 3 cubic minimum shall apply.

 

4.10      If a Carrier performs cartage work on a Sunday or Public Holiday they shall be paid no less than the equivalent of four hours at the hourly rate of (G).

 

4.11      Whenever a Carrier has fibres or oxides added to a load (H) per load.  A Carrier shall assist with the loading process as required by Boral.

 

4.12      Subject to the Carrier using their best endeavours to obtain a signature from the customer accepting payment, a Carrier will be paid at the rate prescribed in item "M" of Schedule 1 for all time spent on site waiting to discharge and/or discharging the load which is beyond 7 minutes per cubic metre or part thereof of product with a 3 cubic metre/20 minute minimum calculated to the nearest completed whole minute.

 

4.13      If a Carrier is:

 

(a)        recalled to work after being rostered off for the day (whether notified before or after leaving); or

 

(b)        called in on a Sunday or Public Holiday and fail to cart at least four loads,

 

they shall be paid a call out fee of (N) and paid for any loads carted.

 

5.  Payments Provided for in the Rates

 

5.1        All benefits and entitlements however arising in law are provided for in the rates and surcharges set out in this Contract Determination.

 

6.  Haulage Area, Cartage Zones and Transfer Fees

 

6.1        A Carrier shall haul product as required from Boral’s plants.  A Carrier shall normally work for a period of time from a nominated plant or other plants in accordance with the requirements of Boral subject to clause 6.2 and 6.3 hereof.

 

6.2        When a Carrier is transferred to a plant:

 

(a)        with a load carried for at least half the distance no transfer fee shall apply; or

 

(b)        without a load a transfer fee shall apply at the rate in (I) per kilometre travelled.

 

Notation: for the purpose of payment under this clause the transfer and any return transfer shall be treated separately.

 

6.3        The right referred to in 6.1 shall not extend to a situation where a Carrier would need to change their residential domicile as a consequence of changing their nominated plant.

 

6.4        Subject to Boral’s approval:

 

(a)        (which shall not be unreasonably withheld having regard to its commercial needs) a Carrier may agree to swap their nominated plant with another Carrier; or

 

(b)        (which may be withheld in Boral’s complete discretion) a Carrier may agree to swap their nominated plant with a driver of a company vehicle (other than a high capacity duplex vehicle).

 

7.  Living Away from Home Allowance

 

7.1        A Carrier engaged on work which precludes them from reaching their usual place of  residence at night  shall upon presentation of receipts be reimbursed for reasonable expenses incurred at approved motel style accommodation (this shall include a room, evening meal and breakfast).

 

8.  Boral Vehicles

 

8.1        The Parties acknowledge and agree that:

 

(a)        Boral may allocate cartage work to high capacity duplex vehicles in its complete discretion. To avoid any doubt, this includes loading such vehicles in preference to a Carrier's vehicle;

 

(b)        Boral will load its vehicles other than high capacity duplex vehicles in accordance with clause 10.1;

 

(c)        Each high capacity duplex vehicle will be given a nominated plant;

 

(d)        Boral may transfer high capacity duplex vehicles between plants in its complete discretion for the periods of time used for its standard transfer arrangements.  Provided however that Boral shall not transfer high capacity duplex vehicles in such a fashion as to constitute a defacto change in their nominated plant.

 

(e)        Boral will conduct a formal review of the operation of high capacity duplex vehicles every 24 months and discuss the findings of that review with Carriers and the Union; and

 

(f)         Subject to clause 2.1, Boral will remove at least one vehicle from a plant before introducing a high capacity duplex vehicle to that plant unless in Boral's opinion, customer service issues warrant additional vehicles because of increased demand and the need to service that demand..

 

9.  Haulage Accounts

 

9.1        A  Carrier shall prepare their  accounts according  to the requirements of Boral.

 

9.2        Haulage 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;

 

(c)        cartage earnings 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 a Carriers nominated bank account.

 

9.3        Account discrepancies relating to the immediately preceding pay period shall be settled promptly and in no case later than 14 days from the date of submission by a Carrier. Account discrepancies relating to other than the immediately preceding pay period shall be settled as soon as practicable. Where following settlement of an account discrepancy an adjustment to payments is required, such adjustment shall be made in the pay period following settlement.

 

10.  Loading and Delivery of Products

 

10.1      Subject to clause 8, a Carrier shall report ready, willing and able (with their vehicle) at the times and plants that Boral directs and shall:

 

(a)        receive their first load on the basis of a rotating start roster; and

 

(b)        be loaded in the sequence of their return to the plant.

 

Notation: To avoid any doubt Boral will load its vehicles other than high capacity duplex vehicles in accordance with this clause.

 

10.2      A Carrier shall ensure that the load is properly mixed according to Boral's practice and that the slump of the product on arrival at the discharge point is in accordance with limits of the appropriate Australian  Standard Specification as provided to a Carrier by Boral.  The mixer drum must be kept turning at all times when it contains product.

 

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

 

10.4      When a load is rejected at a job site because of  failure to slump correctly and/or  failure to visually  inspect the load prior to leaving the yard, a Carrier will not be paid the cartage.

 

10.5      At the job site a Carrier shall make every reasonable endeavour to obtain signatures from the customer as required by Boral.

 

10.6      A Carrier shall make every endeavour to collect money from COD customers for all product charges,  including waiting time.  All monies collected shall be submitted in full (as soon as possible) to the Plant Manager or Allocator, who shall issue a Carrier  with a receipt.

 

10.7      A Carrier shall immediately advise Boral where practicable by the two-way radio or telephone, where a  two-way radio is not provided, when a COD payment is not collected or dispute arises between a Carrier and the customer.

 

10.8      Where a load is dumped, a Carrier shall not be liable to compensate Boral unless the loss occurred as a direct result of his negligence or misconduct.  Where such a liability does exist, Boral shall charge a Carrier for the product at material cost and cartage shall not be paid.

 

10.9      Boral may direct a Carrier to load out of a plant other than a Boral plant (e.g. Hanson, Readymix etc) then:

 

where relevant in this clause, a reference in this clause to “Boral” shall be taken to be a reference to the company that operates the other plant (e.g. Hanson, Readymix etc); and

 

(b)        a Carrier shall satisfactorily complete any additional paper work required.

 

(c)        a Carrier shall be paid by Boral according to the rates in this Contract Determination.

 

10.10    The initial starting time and plant (and whether no work is available) shall be notified to each Carrier by Boral before the close of business on the previous working day.

 

10.11    A Carrier shall take all care with but shall not have ultimate responsibility for the slump of ‘kerb mix’ if carted as batched without any water added.  If such ‘kerb mix’ is then rejected by the customer a Carrier shall still be paid for the load at the rate of (C) per cubic metre per kilometre travelled with a 3 kilometre minimum back to the plant.

 

10.12    When, during a working day, Boral assess that they have more vehicles at a plant than are required to finish the cartage work on that day Boral will allow any excess vehicles to cease work.

 

10.13    Boral will use its reasonable endeavours to accurately assess the number of vehicles it requires for cartage work on a Sunday or Public Holiday and only call that number of vehicles in and only retain them as needed.

 

11.  Breakdowns

 

11.1      Boral shall not be responsible for any loss resulting from breakdowns of plant (unless caused by Boral’s negligence), mixers (unless caused by Boral’s negligence)or vehicles.

 

11.2      A Carrier shall initially assist in every possible way to remove the product from the mixer when a breakdown of the mixer or Carrier's vehicle occurs under load.

 

12.  Size of Load

 

12.1      Boral has the right to nominate the load size and a Carrier has the right to refuse a load that is beyond the legal capacity of their vehicle or the rated capacity of the mixer.

 

12.2      Each Carrier shall be loaded to the maximum legal capacity whenever operationally practicable.

 

13.  Hazardous Approach to Job Site

 

13.1      If the discharging of the load at any delivery site is unsafe for any reason, a Carrier shall immediately notify Boral prior to discharging the load.

 

13.2      A Carrier shall have the right to refuse to enter upon ground which he considers unsafe.  Boral shall have the right to refuse payment for cartage where the option is used without reasonable justification.

 

13.3      Where a Carrier 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 he shall be given every reasonable assistance by Boral, who shall compensate a Carrier for any costs the Carrier has reasonably incurred  in engaging outside equipment to extricate the vehicle.

 

Provided further that the reimbursement provision shall not apply where the vehicle becomes inoperative as a direct result of a Carrier's negligence.

 

13.4      Boral will ensure that any salvage contractor they select is covered by appropriate insurance policies to rectify any damage that the salvage contractor may cause a Carrier’s vehicle during the extraction process.

 

14.  Availability of a Suitable Vehicle

 

14.1      A Carrier shall on each working day (unless Boral advises that work is not available) supply, ‘man’, operate and keep serviceable a prime mover that meets the requirements of Schedule C of the Carrier’s Head Contract.

 

14.2      No vehicle shall be brought  into service without the prior consent of Boral.

 

14.3      A defective vehicle shall be repaired as soon as practicable.

 

14.4      Where a Carrier is unable to report for work with their vehicle they shall arrange for Boral to be immediately informed of the reason and the anticipated period of absence.

 

14.5      A Carrier shall keep their vehicle clean and tidy and in presentable condition to the reasonable satisfaction of Boral.

 

15.  Communication Equipment

 

15.1      A Carrier shall agree to the installation of communication equipment on their vehicle.  All such 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 a Carrier.  When such communication equipment is removed (while the Carrier continues to be engaged by Boral) Boral will make good the bodywork.

 

15.2      A Carrier shall take due care to ensure adequate protection of the equipment.

 

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

 

15.4      Boral shall be responsible for the maintenance of the communication equipment.

 

16.  Mixer Care and Maintenance

 

16.1      Boral’s mixer is in the care of a Carrier who shall keep the unit clean and tidy to the reasonable satisfaction of Boral.

 

16.2      A Carrier undertakes to exercise all possible care for the mixer. The mixer shall be thoroughly washed out and cleaned down during and after each day's work and surfaces treated as required in preparation for the next day's work. All cleaning materials shall be supplied by Boral.

 

16.3      A Carrier shall report all repair or maintenance requirements following the procedures laid down by Boral.

 

16.4      A Carrier shall convey the mixer to the workshop for repair or maintenance as requested by Boral. The Carrier shall be paid the rate (J) per kilometre for transfer to the workshop and return.

 

16.5      A Carrier shall be responsible for all minor maintenance to the satisfaction of Boral, such as topping up oil and greasing.

 

16.6      Boral shall be responsible for major maintenance.

 

16.7      A Carrier is responsible for the provision of fuel.

 

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

 

16.9      Boral's equipment is to be parked only in places approved by Boral.  A Carrier is not responsible for any loss or damage to Boral's equipment when so parked.

 

16.10    A Carrier shall be aware that he bears a duty to take all reasonable care towards the mixer and, further,  that he may be liable for damage caused to the mixer by his failure to take such reasonable care or by his negligence.

 

(a)        Despite anything else in this clause a Carrier shall be responsible for the removal of hardened product build-up from the inside of the mixer (except where the build-up is a result of mixer breakdown), 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 Carrier’s responsibility when undertaking de-dagging is limited to the provision of labour.  All equipment or materials required shall be provided by Boral at their expense.

 

(d)        In consideration for 16.11 (a) to (c) inclusive, the Carrier shall be paid (“O”) on the next regular payment following the 31^st of August each year.

 

17.  Provision of a Mixer

 

17.1      Boral shall be responsible for the provision of a mixer and its safe and proper initial fitting to a Carrier's vehicle in accordance with the specifications of the respective manufacturers, including the supply of U bolts, clearance lights and mud flaps.

 

17.2      After the initial fitting referred to in 17.1  above, a Carrier shall be responsible for the mixer being properly secured to their vehicle and for the maintenance and replacement of clearance lights (and mud flaps which will be supplied by Boral).

 

17.3      A Carrier, in their discretion, may have the U bolts adjusted by a qualified mechanic and the reasonable costs incurred shall be met by Boral.

 

17.4      The mixer shall remain the property of Boral and shall be returned to Boral’s nearest appropriate workshop facilities on completion of use.

 

17.5      Subject to its then current capital budget, Boral will use its reasonable endeavours to optimise the carrying capacity of a Carrier’s vehicle by fitting a mixer driven from the prime mover engine.

 

18.  Painting and/Or Sign Writing of Mobile Unit

 

18.1      Boral shall arrange for periodical painting (which shall not be less then every four years if requested by a Carrier) and/or sign writing of the mobile unit, unless it is mutually agreed that a Carrier shall paint the mobile unit with paint provided by Boral.

 

18.2      All painting is to be done expeditiously, weather permitting, in not more than five working days, using good  quality paint to  an industrial standard finish.

 

18.3      All repairs to the prime mover cab and chassis, prior to painting, shall be at the Carrier's expense.

 

18.4      For the purpose of this clause, "Mobile  Unit" shall mean the complete truck and mixer including all their components without exception.

 

19.  Renegotiation

 

19.1      If either party request, 12 months prior to the expiry of the nominal term Boral will meet with the Union to discuss whether or not any new Contract Determination should be entered into and if so its terms.

 

Any such discussions will occur in the context of the Term of the applicable Head Contract for Carriers and the ‘package’ nature of this Contract Determination and Head Contract. 

 

20.  Substitute Driver

 

20.1      A Carrier may use any substitute driver but a Carrier shall:

 

(a)        first obtain Boral's written approval for the driver (which shall not be unreasonably withheld); and

 

(b)        make sure that the driver possesses an appropriate current driver's license.

 

21.  Uniforms and Protective Equipment

 

21.1      An approved driver shall maintain an acceptable neatness of dress and appearance.

 

21.2      Boral shall issue each Carrier with a standard uniform issue and the driver shall wear the uniform when performing cartage work.

 

21.3      Boral shall issue each Carrier with a standard protective equipment issue and the driver shall use the equipment as directed.

 

21.4      Except for the uniform and protective equipment referred to in clause 21.2 and 21.3, a Carrier shall provide and pay for all other items of uniform and protective equipment.

 

22.  Purchase of Product Or Goods

 

22.1      Carriers shall not use Boral's accounts for the purchase of product except as in clause 22.3.

 

22.2      Where Boral agrees to purchase product or goods at the request of a Carrier, the cost of  such purchases may be deducted from a Carrier's haulage payments.

 

22.3      Boral shall issue to each Carrier, if requested, a credit card for the purchase of diesel fuel (to take advantage of any available Boral discounted price) for their prime mover. Payment for fuel purchased in this manner shall be deducted from the Carrier's monthly retainer payment.

 

22.4      Where a Carrier purchases fuel and other goods from Boral the cost of such purchases may be deducted from the Carrier's haulage payments.

 

22.5      Authorisation for Deduction - With  the exception of 22.2  and 22.3, no other deductions may be made from a Carrier's haulage payment without the written permission of a Carrier.

 

23.  Insurance

 

23.1      A Carrier shall arrange insurance cover to the satisfaction of Boral and on such terms as Boral determine whilst working under this determination in respect to:

 

(a)        compulsory third party insurance for their vehicle as required by any relevant law;

 

(b)        comprehensive or third party property insurance of their vehicle;

 

(c)        public liability insurance (excluding coverage for damage to the mixer); and

 

(d)        workers' compensation insurance as required by any relevant law.

 

23.2      All insurance policies are to be submitted to Boral for perusal and returned prior to commencement of the Carrier’s engagement (or this Contract Determination which ever comes first) operation. Thereafter such policies and proof of currency shall be produced annually.

 

24.  Amenities

 

24.1      All amenities are to comply with the legislative requirements. Carriers are to assist in the general cleanliness and housekeeping associated with the amenities.

 

25.  Dispute Procedure

 

25.1      The parties shall in the event of a dispute or grievance follow the procedure set out below:

 

25.1.1               When there is a disagreement the Carrier shall attempt to resolve the matter by negotiating  with Boral's Area Manager.

 

25.1.2               Where the matter is not resolved the yard delegate shall attempt to resolve the matter by negotiating with Boral's Regional Manager.

 

25.1.3               If the matter remains unresolved an official of the Union may be party to continued negotiations with Boral's General Manager.

 

25.1.4               If the matter remains unresolved, notification may be made to the Industrial Relations Commission by either party under the terms of the Industrial Relations Act 1996.

 

25.2      Work shall continue normally while the dispute or grievance is being dealt with in accordance with this clause.

 

26.  Rates

 

 

27.  Carrier Productivity Rebate

 

27.1      Each Carrier shall be eligible to earn a Carrier Productivity Rebate. The rebate will be calculated annually. The rebate will be applied to the quantity of product carted by the Carrier during the 12 months proceeding the date of calculation. For each cubic metre of product carted in excess of 5,000 cubic metres, a Carrier will be entitled to (“P”) per cubic metre.

 

Rebate Payments will be made into a Carrier’s nominated account with the next regular payment following the date of calculation.

 

28.  Union and Delegates

 

28.1      Boral recognises the Union as the relevant Union for the Carriers and their drivers to be members of.

 

28.2      A Carrier 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.

 

29.  Meetings

 

29.1      If a Carrier is required to attend a meeting by Boral:

 

(a)        and they are required to use their personal vehicle (car etc) to do this they shall be reimbursed per kilometre at the rate of “Q”; and/or

 

(b)        outside of the hours 6am to 6pm Monday to Friday, after 1.00 pm on a Saturday, on a Sunday or on a public holiday, they shall be paid the appropriate hourly rate that would otherwise apply to an employee in that situation arising from the Transport Industry Mixed Enterprises (State) Award as varied from time to time.

 

30.  Area Incidence and Duration

 

30.1      This Contract Determination shall apply to Boral Resources (Country) Pty Limited and Carriers engaged by them within the State of New South Wales.

 

It rescinds and replaces the Boral Country – Concrete and Quarries Contract Determination published 19 April 2002 (332 I.G. 1042).

 

30.2      This Contract Determination shall commence to operate on 20^th December 2005 and shall have a nominal term of three years.

 

30.3      The provisions of this Contract Determination are not to be used in negotiations or proceedings concerning Boral or company’s related to Boral and are not to be regarded as a precedent and are based on the particular facts and circumstances affecting Boral and its Carriers.

 

SCHEDULE A

 

MONTHLY RETAINER

 

1.  Monthly Retainer Payment

 

1.1        Payment

 

Subject to this Schedule, Boral shall pay a Carrier the monthly retainer payment each month.

 

1.2        Requirement to Work Regular Days

 

A Carrier must be available to perform the cartage work on the regular days.  If they are not then their monthly retainer for the next month shall be reduced by the retainer reduction factor.

 

1.3        Final Monthly Retainer Payment

 

If a Carrier’s engagement ends or is terminated then Boral may deduct from any cartage haulage payment owing to the Carrier an amount overpaid on account of a monthly retainer paid in advance by Boral.

 

1.4        Authorized Absence of a Carrier's Vehicle

 

A Carrier may absent their vehicle from performing the cartage work:

 

(a)        for genuine and unforeseen reasons (such as sudden illness of the driver, break down or pressing domestic problems etc) the burden of proof of which shall lie with the Carrier for four (4) days in any one year (which shall accumulate year to year to a maximum of 12 days); and

 

(b)        for any such further three (3) days subject to Boral's approval which may be given or withheld in Boral's complete discretion.

 

1.5        Meanings:

 

For the purposes of this Schedule the following meaning shall apply:

 

“regular days”	the days Monday to Saturday inclusive each week that
	a Carrier is required to make the their vehicle available
	to perform the cartage work by Boral excluding
	the days when Boral has:

 

(a)        directed a Carrier not to attend for work due to bad weather, mixer breakdown or lack of cartage work; or

 

(b)        authorized the absence of their vehicle in accordance with clause 1.4.

 

“monthly retainer payment”

$4,788.00.

 

“retainer reduction factor”	$198 for each day other than regular days that the
	vehicle is not presented for work at the required time
	and fails to remain at work as required.

 

SCHEDULE B

 

VARIATION OF RATES

 

1.  Formula

 

1.1        General Variation Of Cartage Rates

 

(a)        On the 1^st of September each year, the rates in clause 26 and Schedule “A” clause 1.5 shall be adjusted in accordance with this Schedule.

 

(b)        The percentage variation (if any) to the cartage rates set out in clause 26 and Schedule “A” clause 1.5 shall be calculated as the percentage variation ascertained for the preceding 12 months from the variation formula contained in clause 1.2.

 

(c)        Rates varied in accordance with this formula shall be calculated to the nearest whole cent.

 

1.2        General Variation Formula

 

The variation formula is:

 

[LP x APV] + [FP x BPV] + [MP x MPCPI] + [TP x TPCPI] + [INS x INSCPI] + [Rego x RegoCPI] + [ACP x CPIV] = percentage variation.

 

1.3        Fuel Variation Of Cartage Rates

 

(a)        On the 1^st of March each year, the rates in clause 26 A, B, C, D, E, F, G, I, J, K, L, M, N shall be adjusted in accordance with this Schedule.

 

(b)        The percentage variation (if any) to the cartage rates referred to in clause 1.3 of this Schedule shall be calculated as the percentage variation ascertained for the preceding 6 months from the variation formula contained in clause 1.4.

 

(c)        Rates varied in accordance with this formula shall be calculated to the nearest whole cent.

 

1.4        Fuel Variation Formula

 

The variation formula is:

 

[FP x BPV] = percentage variation.

 

1.5        Definitions

 

 

 

 

 

C. G. Staff  J.

 

 

 

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Printed by the authority of the Industrial Registrar.