AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
22.1 By Agreement
The fleet size may be varied at any time with the written consent of the Consultative Committee to achieve maximum productivity consistent with excellent customer service; such consent is not to be unreasonably withheld.
22.2 Automatic Review
Productivity rates of less than 4250 cubic metres will automatically trigger a review of the fleet size.
22.3 Decrease
(a) Notwithstanding anything contained elsewhere in this clause, where, to achieve maximum productivity consistent with excellent customer service, and in the absence of any reasonable alternative, Boral considers that there should be a decrease in the fleet size, it shall consult with the Consultative Committee.
(b) Boral shall, in conformity with (a) above have the right after such consultation to decrease the size of the fleet.
(c) A reduction in the fleet size will be implemented by Boral as follows:
firstly by terminating the engagement of any Short Term Operators; OR by terminating the engagement of any additional Boral vehicles used to increase the fleet;
secondly by terminating the engagement of Operators PROVIDED THAT:
(i) no Operator's engagement shall be terminated so as to reduce the size of the fleet if Boral should at the time continue to engage any Short Term Operator, or where the number of vehicles owned and/or operated by Boral exceeds twenty (20) or such lesser number of Boral vehicles as Boral determines from time to time;
(ii)
(A) subject to (B), the number of Full Time Operators will not be reduced below that number engaged as at the date of this Part A for a period of three (3) years from the date of this Part A;
(B) should the fleet average productivity rate fall below 3,200 m3 Boral may reduce the number of Full Time Operators within the first three (3) years of this Part A provided that; at the time of such reduction, there are no Short Term Operators or Boral vehicles in the fleet.
22.4 Increases
(a) Notwithstanding anything contained elsewhere in this clause, where, to achieve maximum productivity consistent with excellent customer service and in the absence of any reasonable alternative, Boral considers that there should be an increase in the fleet size it shall consult with the Consultative Committee.
(b) Boral shall in conformity with (a) have the right after such consultation to increase the size of the fleet.
(c) An increase in the fleet size will be implemented by Boral as follows:
by engaging Short Term Operators OR
by engaging any additional Boral vehicles.
