AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
13.1 Where Boral provides you with the mixer the following shall apply:
(a)
(i) Neither Boral nor you shall be responsible to each other for any loss resulting from plant mixer and/or vehicle breakdowns.
(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.
(iii) Where it is likely that the plant is out of production for the rest of the day, then you will either be transferred or given permission to finish work for the day. Such decision is to be made within two (2) hours of the initial breakdown.
(b) You shall initially assist in every possible way to remove the concrete from the mixer when a breakdown of the mixer or your vehicle occurs under load. You are not required to participate in the removal of hardened concrete from the agitator save for the operation and positioning of the agitator to assist in concrete removal.
13.1A Mixer Ownership
Where you own the mixer the following shall apply:
(a)
(i) Neither Boral nor you shall be responsible to each other for any loss resulting from plant mixer and/or vehicle breakdowns.
(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.
(iii) Where it is likely that the plant is out of production for the rest of the day, then you will either be transferred or given permission to finish work for the day. Such decision to be made within two (2) hours of the initial breakdown.
(b)
(i) Should a mixer breakdown occur, you will be responsible for the removal of the concrete.
(ii) Boral and its staff will assist where possible and will make available facilities at the plants for hosing out mixers where serious breakdowns prevent the removal of concrete by any other means.
(c) You have the right to pre-determine the load size of extremely high strength concrete or special mixes that could cause overloading of your mixer drive system.
