AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination

16. MIXER CARE AND MAINTENANCE

Where Boral provides you with the mixer the following shall apply:

16.1 Boral's mixer is in your care and you shall keep the unit clean and tidy. The Consultative Committee will monitor the presentation and image of vehicles to ensure that the appropriate standard is maintained.

(a) You undertake to exercise all reasonable care of the mixer. The mixer shall be thoroughly washed out and cleaned down as required and surfaces treated in preparation for the next day's work.

(b) All cleaning materials and equipment necessary for cleaning the vehicle shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.

16.2 You shall report any and all apparent maintenance requirements to Boral.

16.3

(a) You shall convey the mixer to the workshop for repairs or maintenance as requested by Boral. All work shall be completed as soon as possible and without delay.

(b) You shall be paid for transfers to and from the workshop at the rate of item "F" of Appendix 5 per km or part thereof and the forward and return journey shall be treated separately. A means shall be provided by Boral at Boral's cost to convey the Carrier to your place of residence or plant whichever is the lesser distance and return him to the workshop as and when required.

16.4

(a) The Carrier shall be responsible for all minor maintenance to the satisfaction of Boral, such as changing oil, greasing, cleaning and replacement of spark plugs, attending to oil filters, air cleaners, battery, keeping screws and bolts tight, clearing obstructions in fuel lines and fitting minor new parts. (b) Subject to the provisions of Clause 15 hereof, all spare parts, and specialised tools, materials and equipment shall be provided by Boral.

(c) Boral shall be responsible to provide regular maintenance and servicing of the hydraulic components on any hydraulic mixer in accordance with the manufacturer's recommendations.

16.5

(a) You shall be responsible for the removal of hardened concrete build-up from the inside of the agitator, 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 limit of your responsibility in order that the de-dagging may take place shall be limited to the provision of your labour only. All equipment is to be provided by Boral at the cost of Boral. You and Boral will ensure that the correct de-dagging procedures are followed.

(d) All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between you and Boral.

16.6 Boral shall be responsible for all major maintenance. Such repair or maintenance requirements will be carried out wherever possible outside normal operating hours and all work will be completed as soon as possible and without delay.

16.7 You are responsible for the provision of the fuel to run the vehicle and mixer.

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

16.9 Boral's mixer is to be parked only in places approved by Boral. You are not responsible for any loss or damage to Boral's equipment when so parked. Where approval is not given for the mixer to be parked at a location requested by you, then you assume responsibility for all loss and damage to Boral's equipment when so parked.

16.10 You shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.