AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
4.1 While this Part A has effect, cartage rates will be those set out in this clause 5 and no adjustment will occur until the commencement of, and in accordance with the terms of, Part B.
4.2 Where Boral provides the mixer, Boral shall pay you in accordance with the Rate Structure set out in Appendix 5.
4.3 Where you own the mixer, Boral shall pay you in accordance with the Rate Structure set out in Appendix 5A.
4.4 Deleted
4.5 Benefits Included in the Cartage Rates
The following payments are provided for in the rates payable to you under this Part A:
(a) all benefits and entitlements under the Award; and
(b) leave entitlements as follows:
(i) 20 days annual leave and, in addition, the annual leave loading as prescribed in the Award;
(ii) 10 public holidays - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Union Picnic Day;
(iii) 34.8 hours of long service leave per annum;
(iv) 64 hours sick leave per annum in accordance with the Award;
(v) 16 hours bereavement leave;
(vi) RDO - 13 per annum leave;
(vii) superannuation at the rate of 5%.
The above leave entitlements are provided for in the rates contained in Appendices 5 and 5A, as applicable. You may take the leave entitlements in accordance with the Award but, if required by Boral, your truck must be available with a relief driver when you are taking the above entitlements. Boral will not, if the utilisation rate falls below 4250m3 per annum, require you to provide a relief driver when on approved leave.
4.6 Haulage Area
You shall haul concrete as required, from Boral's plants. You shall normally work for a period of time from a nominated plant, or other plants in accordance with the requirements of Boral.
4.7 Cartage Zones
Cartage Zones shall be based on an agreed map, displayed at the plant (and available for inspection by you) or a street directory or computerised distance data base.
Any dispute arising in relation to the actual zones to be paid to you shall be resolved within two working days between Boral's representative and you or your representative by jointly measuring the actual distance travelled, in a mutually agreed vehicle, from the loading point to the discharge point via the shortest practicable route.
4.8 Minimum Load
You shall be guaranteed a minimum load of three (3) cubic metres or a minimum payment on the basis of three (3) cubic metres for the first five (5) kilometres or part thereof, that the load is carried from the plant.
4.9 Mixing in the Yard
Where Boral provides you with the mixer you will be paid a fee of "B" of Appendix 5 per load to mix and discharge concrete within the boundaries of the plant. Loads above 3.0 cubic metres will be paid the utilisation rate at a 5km minimum.
4.9A Mixing in the Yard - Mixer Ownership
Where you own the mixer you will be paid a fee of "B" of Appendix 5A per load to mix and discharge concrete within the boundaries of the plant. Any loads above three (3.0) cubic metres to be paid at the five (5) kilometre minimum utilisation rate plus mixer and painting rate.
4.10 Normal Delivery Hours
Normal hours shall be 6.00 am to 5.00 pm Monday to Friday and 6.00am to 1.00pm Saturday. For the determinations made under this clause, time shall be of the time of completed loading. It is your responsibility to ensure that the load is correctly mixed and of the desired consistency to achieve the specified slump on site, prior to leaving the plant. Should the load not be mixed to its desired consistency due to batching error, the delivery docket will be re-stamped upon the load reaching the required consistency in conformity with Boral's required specifications.
4.11 Waiting Time
You will be paid at the rate prescribed in item "C" of Appendix 5 for all time spent on site awaiting to discharge the load which is beyond the following scale. Such payment will be calculated at completed minute intervals.
Up to |
3 cubic metres |
after 30 minutes |
4 cubic metres |
after 35 minutes | |
5 cubic metres |
after 40 minutes | |
6 cubic metres |
after 45 minutes | |
7 cubic metres |
after 50 minutes |
4.12 Stand By Time Payment
Where you are required by Boral to remain at the plant to make a delivery to a job commencing after normal delivery hours, for more than half of one hour, Standby time will be paid at a rate of "D" of Appendix 5 for each completed half hour following the expiration of the initial half hour. Standby time is only applicable outside normal working hours before receiving the initial load and also between loads. After the expiration of one half hour but only payable after each additional completed half hour. You must be on standby for a minimum of twenty nine (29) minutes before being entitled to a payment of "D" of Appendix 5 for the initial load. After the initial load, payment is only applicable after the expiration of eighty nine (89) minutes between loads.
Example 1
You are required to remain at the plant until 6.00pm on Monday afternoon. You receive your first load at 6.00pm and return to the plant at 7.00pm and are loaded again at 8.25pm. The entitlement in the above example is: 5.00pm to 5.30pm, no payment (initial half hour). Standby time of 1 x "D" (5.30pm to 6.00pm), no Standby time between 7.00pm and 8.25pm, however should this second load have been batched at 8.30pm, your entitlement would be: 7.00pm to 8.00pm, no payment (initial hour) and 1 x "D" from 8.00pm to 8.30pm.
4.13 Call-out Fee
When you are called back after Normal Delivery Hours you shall receive a minimum of 8 x "D" of Appendix 5. When surcharges amount to 8 x "D", then 8 x "D" is no longer applicable. Until surcharges equal 8 x "D", the difference between the surcharge paid and 8 x "D" will be paid to you as a Call out fee. Where you are called back and you do not receive a load after normal delivery hours, you shall be paid a Call out fee of 8 x "D".
Example 1 (Boral owns mixer)
You are required to be at the plant at 11.00pm Saturday and receive your load at 11.05pm of 3.0cubic metres to five kilometres, cartage payment of applicable utilisation rate plus Surcharge "E" $32.03. Minimum payment 8 x "D" = $106.24 minus $32.03 = $74.21.
$ |
|||
You receive = |
45.33 |
(Utilisation rate@ 4,800 cubic metres) | |
32.03 |
(Applicable surcharge, 2.5 x "E") | ||
74.21 |
(Note, call out fee equals difference between 8 x "D" and surcharges). | ||
Total = |
$151.57 |
Example 2 (Boral owns mixer)
You are required to be at the plant at 11.00pm Saturday and do not receive the first load until 1.00am, when you receive a load of 3.0 cubic metres to five kilometres. You are also entitled to 3 x "D" for Standby time between 12.00 pm midnight and 1.00 am of $39.84, cartage payment of $45.33 plus surcharge of $32.03. Minimum payment 8 x "D" = $106.24 minus $32.03 = $74.21.
$ |
|||
You receive= |
45.33 |
(Utilisation rate @ 4,800 cubic metres) | |
32.03 |
(Applicable surcharge rate) | ||
74.21 |
(Call out fee) | ||
39.84 |
(3 x "D") | ||
Total = |
$191.41 |
4.14 Out of Hours Surcharges
Out of hours surcharge per cubic metre are based on the payment of item "E" in Appendix 5 on the following basis:
Monday to Friday |
6.00 am to 5.00 pm |
Nil |
5.00 pm to 6.00 am |
1.5E | |
Saturday |
6.00 am to 1.00 pm |
Nil |
1 pm to 5.00 pm |
1.5E | |
Saturday |
5.00 pm to Mon 6 am |
2.5E |
Public Holiday |
2.5E |
4.15 Multiple Discharge Points and Customers
(b) Multiple Discharge Points
Payment for haulage covers the total distance travelled. Unloading time will commence from the start of unloading at the first point and will continue until the final completion of unloading when drops are within one (1) kilometre. Over one (1)km, the total of the additional km travelled will be added to the ticket and paid as if the original load was carried for the entire distance plus waiting time, if applicable, commencing from the arrival at the first delivery point. Waiting time is only applicable after the expiration of the appropriate time allowance as in Clause 4.10.
(c) Multiple Customers
Each delivery shall be treated for the purpose of payment of cartage as if a separate delivery had been made from the plant to each delivery point.
4.16 Diverted Loads
(a) Direct Diversion - Where a load is diverted en route you will be paid normal cartage rates covering the total distance travelled from initial departure from the plant to the ultimate delivery point of the load, plus waiting time payment whilst awaiting diversion advice.
(b) Return to Plant and divert - It is thereafter treated as a new load.
(c) Return to Plant and Dumped - It shall be paid for as in Clause 4.16.
(d) Return to Plant and subsequently dumped outside plant - Where Boral directs any quantity of left over concrete that had been agitated in the yard to be taken to another site and dumped, you will be paid at the rate specified in item "A" of Appendix 5 (or where applicable Appendix 5A) per kilometre with a minimum of 3 cubic metres and a 5 kilometre minimum.
4.17 Left Over Concrete
All concrete remains the property of Boral and accordingly Boral reserves the right to direct where concrete is to be taken or if and where it is to be dumped. You shall contact the plant for instructions as soon as possible in this regard.
No payment shall be made when concrete is dumped in the vicinity of the job site.
When 3.0 cubic metres or more of concrete is left over from a job, return cartage shall be paid at the rate specified in item "A" of Appendix 5 (or where applicable Appendix 5A) per kilometre with a minimum of 3 cubic metres and a 5 kilometre minimum with the following exceptions pertaining to quantities of less than 3.0 cubic metres:
(a) where the load taken out is not required;
(b) where the load is rejected at the job site due to product fault;
(c) where a truck is used to dispose of left-over concrete, such as a result of pump line "blow back", quantity to be no less than 0.8 m3;
(d) where the concrete is not returned to the "source" plant. In all cases of (a), (b), (c) and (d), return cartage shall be paid with a minimum 3.0 cubic metre and a five (5) kilometre minimum.
4.18 Awaiting Diversion Advice
Where Boral provides you with the mixer and you are required to agitate any quantity of concrete within the plant you will be paid at the rate of "G" of Appendix 5 per completed 15 minutes whilst awaiting diversion advice.
4.18A Mixer Ownership
Where you own the mixer and you are required to agitate any quantity of concrete within the plant you will be paid at the rate of "G" of Appendix 5A per completed 15 minutes whilst awaiting diversion advice.
4.19 Road and Bridge Tolls
Where you are required to pay a road and/or bridge toll whilst performing work under this Part A then such road and/or bridge toll shall be paid prior to the journey by Boral. Provided that both the outward and return journey are travelled by the shortest practicable route. This includes daily plant transfers.
