AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
11. AVAILABILITY OF A SUITABLE VEHICLE
11.1 The vehicle owned and operated by you is an integral part of Boral's business strategy. It needs to reflect an image of quality and provide the level of performance and necessary reliability to consistently meet Boral's operating standards.
11.2 Boral will be promoting its Operator fleet (and services) on the basis of documented standards, responsible performance and professional responsibility. You will maintain a log book which will record daily and periodical roadworthy checks of the vehicle.
11.3 It is your obligation on each working day unless rostered off, to personally supply, man, or have manned by approval, operate, and keep serviceable, the vehicle. Any variation to this obligation will require agreement by both you and Boral.
11.4 No vehicle shall be brought into service without prior notification in writing by you and approval by Boral. When you introduce a vehicle into Boral's fleet and the mixer is fitted, tare and gross weight certificates from a registered weighbridge must be provided by you to Boral. Where there is any subsequent change to the vehicle (eg. new mixer/modifications etc.), tare and gross weight certificates from a registered weighbridge will be provided again, by you to Boral.
11.5 Boral will pay the costs of any weighbridge certificates and transfer fees incurred in obtaining such certificates. All weighing to be conducted at a mutually agreeable time.
11.6 Where Boral provides you with the mixer the legal carrying capacity of a suitable vehicle for the determination made under Clause 11.10(a) shall be based on:
(a) the provision by Boral of an agitator not weighing in excess of 2200kgs plus an allowance of 200kgs for water and oil; and
(b) the nominal mass of normal class 25Mpa (N25 under AS 1379) being 2300kgs; and
(c) the mass of the vehicle.
11.6A Mixer Ownership
Where you own the mixer the legal carrying capacity of a suitable vehicle for the determinations made under Clause 11.10(a) shall be based on:
(a) the nominal mass of normal class 25Mpa (N25 under AS 1379) being 2300kgs; and
(b) the mass of the vehicle.
11.7 An unserviceable vehicle shall be repaired as soon as practicable.
11.8 Where you are unable to report for work with your vehicle you shall arrange for Boral to be informed at the earliest possible moment of the reason and the anticipated period of absence.
11.9 Where Boral provides you with the mixer and you are required to submit your vehicle to the Road & Traffic Authority for annual inspection, you shall inform Boral four (4) weeks prior to your registration renewal date or on receipt of your inspection notification, whichever is the earlier.
Subject to Clause 16.3, if a reinspection is required due solely to a defective agitator, then a transfer fee of item "F" of Appendix 5 per km or part thereof will be paid by Boral to you for the distance travelled to the nominated inspection station from the base plant plus any inspection fees payable. In addition Boral will pay you at the rate of item "K" of Appendix 5 per hour or part thereof for all time lost each day that you are prevented from your duties pursuant to this Part A to a maximum of eight (8) hours each day.
11.9A Mixer Ownership
Where you own the mixer and you are required to submit your vehicle to the Road & Traffic Authority for annual inspection, you shall inform Boral four (4) weeks prior to your registration renewal date or on receipt of your inspection notification, whichever is the earlier.
11.10 Vehicle Configuration
In accepting to be engaged by Boral, where Boral provides the Operator with the mixer, each and all Operators agree on the following:
(a) the Operator fleet will standardise on rear PTO 6 wheeler vehicles capable of carrying 6 cubic metres with a lightweight mixer. A limited number of rear PTO 8 wheeler vehicles capable of carting 7 cubic metres with a lightweight mixer may also be considered. Boral will also consider approval of a limited number of modified (shortened) rear PTO 8 wheeler vehicles capable of carrying minimum 6 cubic metres with a lightweight mixer and six wheelers capable of carrying a minimum of 5.6 cubic metres with a lightweight mixer. These six wheelers will be limited to those existing within the fleet, as at 21st June, 1994;
(b) all trucks must be upgraded to the standard configuration within thirty (30) months of commencement of this Part A except:
(i) that existing 6 wheelers capable of carrying a minimum 5.6 cubic metres with a lightweight mixer will be allowed an additional 30 months (i.e. a total of sixty (60) months) to upgrade to the required vehicle; and
(ii) that this obligation does not apply to 8 wheeler vehicles approved under paragraph "(a)";
(c) in the case of extreme financial hardship (proof whereof shall be upon you) Boral may agree to extend the period of compliance in Clause 11.10(b) above; (d) any current approved vehicle being replaced shall have a rear PTO so that Boral can attach all equipment necessary to operate its hydraulic agitator. The boundary of your responsibility in this matter shall end at the provision of a bare power take-off drive shaft.
11.10A. Mixer Ownership
In accepting to be engaged by Boral, where the Operator owns the mixer, each and all Operators agree on the following:
(a) the Operator fleet will standardise on truck driven hydraulic 6 wheeler vehicles capable of carrying 6 cubic metres with a lightweight mixer. A limited number of truck driven hydraulic 8 wheeler vehicles capable of carting 7 cubic metres with a lightweight mixer may also be considered. Boral will also consider approval of a limited number of modified (shortened) truck driven hydraulic 8 wheeler vehicles capable of carrying minimum 6 cubic metres with a lightweight mixer and six wheelers capable of carrying a minimum of 5.6 cubic metres with a lightweight mixer. These six wheelers will be limited to those existing within the fleet, as at 21st June, 1994;
(b) all trucks must be upgraded to the standard configuration within thirty (30) months of commencement of this Agreement except:
(i) that existing 6 wheelers capable of carrying a minimum 5.6 cubic metres with a lightweight mixer will be allowed an additional 30 months (i.e. a total of sixty (60) months) to upgrade to the required vehicle; and
(ii) that this obligation does not apply to 8 wheeler vehicles approved under paragraph "(a)";
(c) in the case of extreme financial hardship (proof whereof shall be upon you) Boral may agree to extend the period of compliance in Clause 11.10A(b) above.
