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

1. DICTIONARY

1.1 Definitions

In this Part B, unless the context suggests otherwise, the words on the left hand side of the dictionary shall have the meaning given to them on the right hand side of the dictionary.

Act -the Industrial Relations Act 1996;

Articulated Vehicle-an articulated vehicle with a total number of three or more axles;

Award-the Transport Industry (State) Award as varied from time to time;

Batching-the weighting or volumetric measuring of concrete ingredients charged into the mixer at the plant;

Boral-Boral Resources (NSW) Pty Limited;

Boral Representative-the manager or managers selected by Boral for the purposes of clause 25 and otherwise the relevant manager/supervisor/representative of Boral selected to act on their behalf;

Buffer Company Vehicles-ten Boral operated vehicles (either six or eight wheelers or a combination of six and eight wheelers which until removed from service are regularly used and allocated to a nominated plant);

Cartage Work-the cartage of concrete using the vehicle and activities ancillary to this including but not limited to slumping the load, discharging the load, driving to concrete plants to be loaded;

Communication Equipment-any and all equipment used for communication between Boral and the nominated driver (and vice versa) which shall include but not be limited to a two way radio, GPS etc;

Concrete-a product whether mixed, blended or batched, that contains (but is not limited to) as a minimum:

(a) cement, sand and water,

(b) mortar containing cement, sand and water;

(c) grout containing cement, sand and water;

(d) slurry containing cement and water; or

(e) binders containing cement and sand.

To avoid any doubt, this definition is not contingent on the method of production, laying or description of the finished product;

Consultative Committee-the committee referred to in clause 25;

Contract Determination-this Contract Determination;

Delivery-the delivering of concrete;

Designed Batch Water-the quantity of water stated in the mix design of a specified concrete;

Fleet Owner-a provider of cartage services other than:

(a) Boral; or

(b) a carrier as described in section 309 of the Act;

Financial Year-12 months commencing from lst July to 30th June;

Job Site-the premises comprising the location at which concrete is discharged which for the purposes of clause 4.2(b) only shall include a designated parking area in the general vicinity of the premises at which the Operator's vehicle is required to wait when loaded before accessing the job site to discharge;

Load-the total volume and/or mass of concrete or concrete ingredients in the mix intended for delivery;

Maximum Prime Mover Age-the maximum age for the Operator's prime mover set out in the Operator's Head Contract;

Mini Mix Vehicle-a vehicle with a mixer that has a mixing capacity of 3.0 m3 or less;

Mixer-equipment on the prime mover with the specific purpose of mixing and agitating concrete;

Nominated Driver-a person referred to in section 309 (1) (c) (i), (ii) or (iii) of the Act;

Nominated Plant-the place from which an Operator usually commences work in accordance with clause 3.1 of Part B of this Contract Determination;

Operator-a contract carrier trading as an incorporated body contracted to Boral to cart concrete (all Operators engaged by Boral shall be incorporated bodies);

Part A-Part A of this Contract Determination

Part B-Part B of this Contract Determination

Practicable-capable of being put into practice with the available means and with reason and prudence;

Principal Contractor-Boral;

Prime Mover-the cab chassis provided by the Operator;

Relief Driver-a driver approved by Boral in accordance with clause 19.4 of this Part B;

Regular Days-the days Monday to Saturday inclusive each week that an Operator is required by Boral to make their vehicle available to perform the cartage work excluding:

(a) the days when Boral has directed an Operator not to attend for cartage work due to bad weather, plant breakdown, plant shutdown or lack of cartage work;

(b) (subject to Boral's approval which shall not be unreasonably withheld) up to five days in a year that the Operator is unable to attend to perform the cartage work for genuine and unforeseen reasons (such as sudden illness of the nominated driver, prime mover break down or pressing domestic problems etc) the burden of proof of which shall lie with the Operator;

(c) (when Boral owns the mixer) the days when the Operator's vehicle is unavailable
to perform the cartage work in accordance with clause:

(i) 4.4(c);

(ii) 9.4(d);

(iii) 10.7(b);

(iv) 15.8;

(v) 16.11;

(vi) 16.12;

(vii) 17.4;

(viii) 17.8;

(ix) 23.1(e);

(x) 31.1(f); or

(xi) 32.1; and

(d) (when the Operator owns the mixer) the days when the Operator's vehicle is unavailable to perform the cartage work in accordance with clause:

(i) 4.4(c);

(ii) 9.4 (d);

(iii) 15.5 (Refer Annexure 2);

(iv) 16.7 (Refer Annexure 2);

(v) 16.8 (Refer Annexure 2);

(vi) 17.4 (Refer Annexure 2);

(vii) 17.8 (Refer Annexure 2);

(viii) 23.1 (e);

(ix) 31.1(f); or

(ix) 32.1;

Sydney Metropolitan Area-the area in which concrete is produced within the following boundaries:

Stanwell Tops, Bulli, Mount Ousley, Appin, Razorback, Warragamba, Emu Plains, Sackville, Hawkesbury Bridge, Terry Hills, Palm Beach;

Union-the Transport Workers' Union of New South Wales;

Vehicle-the prime mover and mixer;

Written authority-any approved document that bears the signature of the Operator or Boral as the case may be.

1.2 Except where otherwise indicated, clause references are references to clauses of Part B and not Part A.