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

PART B 

CONTENTS

1.	Dictionary
1.1	Definitions
2.	Area Incidence And Duration
2.1	Application
2.2	Application Of Other Contract Determinations
2.3	Term.
2.4	Operation
3.	Nominated Plants & Cartage Zones
3.1	Nominated Plant
3.2	Cartage Distances
4.	Cartage Rates And Related Matters
4.1	Basis Of Cartage Rates
4.2	Surcharges
4.3	Variation Of Cartage Rates And Surcharges
4.4	Award Benefits Etc
4.5	Minimum Earnings
5.	Cartage Accounts
5.1	Preparation Of Cartage Accounts
5.2	Cartage Account Details
5.3	Payment Of Cartage Accounts.
5.4	Recent Account Discrepancies
5.5	Older Account Discrepancies
5.6	Adjustment Following Settlement Of Account Discrepancy
5.7	Purchases Other Than Fuel
5.8	Fuel Purchases
5.9	Overpayment By Boral
5.10	No Other Deduction Or Purchases
5.11	Section 127 Statement
6.	Living Away From Home
6.1	Being Away From Home
6.2	Notice Of Being Away From Home
6.3	Period Of Working Away From Home
6.4	Transfer Payments
7.	Statutory Requirements And Insurance
7.1	Compliance With Laws
7.2	Variation Of Statutory Requirements
7.3	Insurances
7.4	Submission Of Insurance Documents Etc
7.5	Provision Of Photocopies
7.6	Endorsements For Public Liability
8.	Loads
8.1	Load Size
8.2	Daily Loading Procedure
8.3	Notification For Next Day
9.	Hazardous Approach To Job Site
9.1	Hazardous Approach To Job Site
9.2	Payment After Unsuccessful Entry
9.3	Refusal To Enter
9.4	Bogged Vehicles
10.	Availability Of A Suitable Prime Mover
10.1	Vehicle Image Etc
10.2	Obligation To Ensure Vehicle Presented For Work
10.3	Boral Approval To Introduce A Prime Mover
10.4	Weighbridge Certificates
10.5	Repair Of Unserviceable Prime Mover
10.6	Notification To Boral Of Non Attendance
10.7	Roads & Traffic Authority
10.8	Prime Mover Supply, Configuration And Age
10.9	Prime Mover Running Costs
11.	Responsibility For Slump, Mixing & Delivery
11.1	Changes To Concrete Mix
11.2	Mixing The Load
11.3	Checking After Loading - Slump
11.4	Minimum Mixing Requirements
11.5	Minimum Mixer Revolutions
11.6	Added Water
11.7	Visual Inspection Of Load Before Leaving The Plant - Irregularities
11.8	Adding Water To Adjust The Slump - Before Discharging On Site
11.9	Adjusting The Slump At Request Of Third Party
11.10	Rejection Of Load Due To Slump
11.11	Obtaining Signatures For Acceptance Of Delivery
11.12	Cod Customers
11.13	Dumped Load
11.14	Delivery To Kerb Making Machine
11.15	High Range Water Reducer
11.16	Reused Concrete
11.17	Load Limit
12.	Rostering & Access To Cartage Work
12.1	Rosters
12.2	Access To Cartage Work System
13.	Breakdowns
13.1	Transfer Of Vehicles Due To Plant Breakdown
13.2	Assistance When Mixer Or Vehicle Is Broken Down
14.	Communication Equipment
14.1	Installation Of Communication Equipment
14.2	Removal Of Communication Equipment
14.3	Taking Care Of The Communication Equipment
14.4	Operation Of Communication Equipment
14.5	Maintenance Of Communication Equipment
14.6	Installation And Removal During Normal Operating Hours
15.	Provision Of Mixer
15.1	Provision Of Mixer
15.2	Mixer Removal By Boral
15.3	Mixer Removal By Operator
15.4	Responsibility After Fitting
15.5	Adjustment Of U Bolts
15.6	Removal Of Mixer On Termination Of Engagement
15.7	Provision Of Crank Shaft Protection
15.8	Modifications Etc To Mixer
16.	Mixer Care And Maintenance
16.1	Washing Out The Mixer
16.2	Provision Of Cleaning Materials Etc
16.3	Reporting Mixer Maintenance Requirements
16.4	Mixer Repairs
16.5	Minor Maintenance Of Mixer
16.6	Removal Of Hardened Concrete
16.7	Major Maintenance Of Mixer
16.8	Provision Of Fuel For The Mixer
16.9	Parking Of Mixer
16.10	Damage To Mixer
16.11	Cease Using The Mixer For Repairs, Servicing Etc
16.12	Replacement Of Mixer
17.	Painting and/or Signwriting
17.1	Boral To Periodically Paint
17.2	Quality Of Painting
17.3	Preparation For Painting
17.4	Time Of Painting
17.5	Period Of Painting
17.6	Meaning Of Vehicle
17.7	Unacceptable Paint Finish
17.8	Time Of Painting Excessive
17.9	Removal Of Logos
17.10	Transport
18.	Delegates
18.1	Recognition
18.2	Use Of Facilities
19.	Nominated Driver
19.1	Use Of Nominated Driver
19.2	Licences
19.3	Nominated Driver Fitness For Work
19.4	Use Of Relief Driver
20.	Uniforms
20.1	Dress
20.2	Uniform
20.3	Wet Weather Gear
20.4	Uniform Replacement
21.	Amenities
21.1	Entitlement
22.	Major Change, Vehicle And Configuration Variation Etc.
22.1	Decision To Introduce Change
22.2	Mandatory Consultation
22.3	Boral's Right To Make Change
22.4	Boral Buffer Vehicles
22.5	Configuration Change
23.	Development And Training
23.1	Objects, Purposes And Commitments
24.	Grievance And Disputes Procedure
24.1	Commitment
24.2	Procedure Mandatory
24.3	Steps
24.4	Work To Continue Normally
25.	Consultative Committee
25.1	Formation Of Committee
25.2	Sub-Committees
25.3	Committee Procedures
25.4	Proper Performance Of Functions
25.5	Consultation Procedure
25.6	Prior Consultation Before Exercising Rights Etc
25.7	Periodic Reviews By The Committee
26.	Continuous Improvement Process
26.1	Participation In Continuous Improvement
26.2	Payment
27.	Special Circumstances
27.1	Carting In Other Than Mixer
27.2	Special Or Unique Circumstances
28.	Plant Stored Operator's Equipment
28.1	Provision Of Space
29.	Boral Operated Vehicles & Fleet Owners Etc
29.1	Use Of Boral Vehicles
29.2	Use Of Fleet Owners
29.3	Limit Of Articulated Vehicles
30.	Operating Procedures Etc
30.1	Obligations
30.2	Fines
31.	Occupational Health And Safety
31.1	Obligation to Perform the Cartage Work Safely
31.2	RTA Requirements
32.	Environmental
32.1	Obligations
33.	Good Faith
33.1	Boral Obligation
34.	Operator's Rights
34.1	Rights
35.	Mixer Ownership
35.1	Applicable Conditions
36.	Other Conditions
36.1	Reference
37.	Leave Reserved
37.1	Matters
SCHEDULES
Schedule 1	Rates
Schedule 2	Monthly Retainer
Schedule 3	Rate Review & Cost Items
ANNEXURES
Annexure 1	Vehicle Specifications
Annexure 2	Mixer Ownership
Annexure 3	127 Statement
Annexure 4	Selection
Annexure 5	Access To Cartage Work System