AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
1.1 Definitions
The following definitions apply in this document.
"Act" shall mean the Industrial Relations Act 1996.
"Award" shall mean the Transport Industry - Mixed Enterprises (State) Award as varied from time to time.
"Boral" shall mean the Principal Contractor in this Agreement who is Boral Resources (NSW) Pty Limited.
"Code of Conduct" shall mean the code referred to in Clause 36.
"Commission" means the Industrial Relations Commission of New South Wales.
"Concrete" shall mean a product whether mixed, blended or batched, that contains (but is not limited to) as a minimum: cement, aggregate, sand and water, mortar containing cement sand and water; grout containing cement, sand and water; slurry containing cement and water; or binders containing cement and sand - this definition is not contingent on the method of production, laying or description of the finished product.
"Conduct Committee" shall mean the committee formed for the purpose of reviewing day to day operations associated with the Code of Conduct and its efficient operation. Representatives of Operators on the Conduct Committee will be elected from time to time for a term not exceeding two (2) years, by you. Representatives of Boral will be selected by Boral.
"Consultative Committee" shall mean the committee formed for the purpose of reviewing day to day operations associated with this Part A and its smooth operation. Your Representatives will be elected for a term not exceeding two (2) years, by you. Boral Representatives will be selected by Boral.
"Contract of Carriage" shall mean as defined in the Act.
"Contract Determination" means this contract determination.
"Cyclic Roster" means a roster made up of truck numbers which dictates the selection of a particular vehicle for a function and is addressed from the first truck number to the last;
(a) when the roster has been fully addressed, the roster then changes so that the truck number that was first becomes last while the truck number that was previously second then becomes first and each truck number is moved up one position in turn, and so on; and
(b) each Operator shall start the day, when not rostered off, in order of a single cyclic roster and thereafter in order of return to plant.
"Mini truck" shall mean a truck with an agitator that has a mixing capacity of 2.8m3 or less.
"Mixer" shall also mean agitator and vice versa.
"Operator" or "Carrier" shall mean a single operator owner driver trading as an incorporated body, and its successors and assigns who carry out a Contract of Carriage with Boral.
"Own or Ownership" shall in relation to a Mixer mean any circumstance where the Operator provides the mixer instead of Boral.
"Part A" shall mean Part A of this Contract Determination. "Part B shall mean Part B of this Contract Determination.
"Practicable" shall for the purposes of clause 4.6 and 4.18 mean open to general traffic.
"Principal Contractor" shall mean Boral and its assigns.
"Short Term Operator" means any operator engaged for a term not exceeding six (6) months for the purposes of Clause 22.
"Sydney Metropolitan Area" is for the purpose of this Part A, limited to the area in which concrete is produced within the following boundaries:
Stanwell Tops, Bulli, Mount Ousley, Appin, Razorback, Warragamba, Emu Plains, Sackville, Hawkesbury Bridge, Terry Hills, Palm Beach.
"Union" shall mean the Transport Workers' Union of New South Wales or its representative.
"Vehicle" may mean truck and mixer or truck only.
"Written authority" shall mean any approved document that bears the signature of the Carrier or Boral as the case may be.
"You" and "Your" means any and all operators.
1.2 Interpretation
(a) Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number.
(b) The masculine gender shall include the feminine and neuter genders. (c) Except where otherwise specified, clause references are to clauses of Part A and not to Part B.
