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

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

4. CARTAGE RATES AND RELATED MATTERS

4.1 Basis of Cartage Rates

Cartage rates for Operators are based on:

(a) (subject to Schedule "2") a monthly retainer fee of (A); and

(b) per load; and

(c) for the first kilometre (or part kilometre) and then (C) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried with a minimum payment of three (3) times (C).

Notation: refer to Schedule "1 "for the amounts referred to in this clause by way of a capital letter.

Notation: the cartage rates arising from this clause are exclusive of GST, refer to the Boral GST Protocol (Facilitation and Compliance) Contract Determination.

4.2 Surcharges

In addition to the cartage rates in clause 4.1 where appropriate an Operator shall be paid the following surcharges:

(a) Mixing in the Yard

An Operator will be paid a fee of (D) of Schedule 1 per load to mix and discharge concrete within the boundaries of a plant. If an operator owns their own mixer "I" of Schedule 1 will be added to the fee.

(b) Waiting Time

An Operator will be paid at the rate prescribed in item (E) of Schedule 1 for all time spent on site waiting to discharge and/or discharging the load which is beyond 40 minutes. Such payment will be calculated to the nearest completed whole minute.

(i) Normal delivery hours shall be 6.00am to 5.00pm Monday to Friday and 6.00am to 1.00pm Saturday. For the determinations made under this clause, time shall be the time of completed loading. It is the Operator's responsibility to ensure that the load is correctly mixed and of the desired consistency to achieve the specified slump on site, prior to leaving the plant. Should the load not be mixed to its desired consistency due to batching error, the delivery docket will be re-stamped upon the load reaching the required consistency in conformity with required specifications.

(ii) Surcharge Rates - in addition to the cartage rates in clause 4.1, an Operator will be paid at the rate prescribed in item (H) of Schedule 1 per load with respect to product delivered outside normal delivery hours Monday to Saturday, or Item M of Schedule 1 per load with respect to product delivered on Sundays or Public Holidays.

(iii) Where an Operator is required to remain at the plant to make a delivery outside normal delivery hours they will be paid for each completed half hour after normal delivery hours at the rate prescribed in item (G) of Schedule 1 where no load is received following the expiration of the initial half hour.

(iv) An Operator will receive item (N) of Schedule 1 where an Operator has completed their cartage work in normal delivery hours has left the plant and then been recalled for work in the following circumstances:

(A) Public Holidays;

(B) Sundays;

(D) Monday to Friday after 6.00pm or before 5.00am.

In the cases of (C) & (D) only, when the cumulative value of surcharges paid is equal to or exceeds item (N) the payment shall not be paid. If the total surcharge value paid is less than (N) the balance equal to the payment will be paid.

(d) Multiple Discharge Points and Customers

(i) Multiple Discharge Points - Payment for cartage work covers the total distance travelled. Additional km travelled will be added to the ticket and paid as if the original load was carried for the entire distance plus waiting time, if applicable, commencing from the arrival at the first delivery point. Waiting time is only applicable after the expiration of the appropriate time allowance as in Clause 4.2
(b).

(ii) Multiple Customers - Each delivery shall be treated for the purpose of payment as separate deliveries.

(e) Diverted Loads

Diverted loads are loads that are intended for delivery to a particular customer but discharge of the load does not commence and the Operator is directed to deliver the load to an alternative location. In this case the Operator will be paid as follows:

(i) Direct Diversion - Where a load is diverted en route an Operator will be paid normal cartage rates covering the total distance travelled from initial departure from the plant to the ultimate delivery point of the load, plus waiting time payment whilst awaiting diversion advice.

(ii) Return to Plant and divert - It is thereafter treated as a new load.

(iii) Return to Plant and Dumped - When 1.0 cubic metre or more of concrete is returned to the plant and dumped cartage will be paid as if the delivery had been successful, with the additional payment of item (F) per kilometre for the return journey.

(iv) Return to Plant and Subsequently Dumped Outside Plant - Where Boral directs any diverted load that has been agitated in the yard to be taken to another site and dumped, an Operator will be paid at the rate specified in Schedule 1 item (C) for the first kilometre (or part kilometre) and then (C) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried with a minimum payment of three (3) times (C).

(f) Road and Bridge Tolls

Where an Operator is required to pay a road and/or bridge toll whilst performing cartage work then such road and/or bridge toll shall be paid by Boral, provided that both the outward and return journey are travelled by the shortest practicable route (this includes daily plant transfers).

(g) Transfer Rates

(i) Transfer Rates - An Operator will be paid at the rate prescribed in item (F) of schedule 1 for the first kilometre (or part kilometre) and then (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the vehicle travels between approved locations.

(ii) Transfer payments will be paid if a vehicle is transferred empty between plants with payment based upon the shortest legal distance to the nearest half a kilometre. When returning to the vehicles nominated plant the transfer payment will be based upon the net difference between the kilometre rate for any return load and additional distance travelled.

(h) Awaiting Diversion Advice & Material Transfer With The Plant

When an Operator is required to

(i) agitate any quantity of concrete within the plant whilst awaiting diversion advice; or

(ii) material transfer within the plant

they will be paid at the rate of (T) of Schedule 1 per completed minute.

(i) Left Over Concrete

(i) All concrete remains the property of Boral and accordingly Boral reserves the right to direct where concrete is to be taken or if and where it is to be dumped. The Operator shall contact Boral for instructions as soon as possible in this regard. No payment shall be made other than that arising from the delivery itself when concrete is dumped in the vicinity of the original job site.

(ii) When 1.0 cubic metre or more of left over concrete is returned to the plant the Operator will be paid at the rate prescribed in item (F) of Schedule 1 for the first kilometre (or part kilometre) and then (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried;

(iii) When the Operators vehicle is used to dispose of left over concrete by returning to the source plant, as a result of pump line "blow back" the Operator will be paid at the rate prescribed in item (F) of Schedule 1 for the first kilometre (or part kilometre) and then (F) per half kilometre thereafter (rounded up to the nearest half kilometre) that the load is carried. In addition to this payment the Operator will be paid at the rate of item (E) per completed minute for time spent between completing the discharge of the load and completion of loading the "blow back".

(iv) When left over concrete is not returned to the source plant an Operator will be paid for the total distance travelled from the initial departure from the plant to the ultimate discharge point of the load at the rate prescribed in item (C) of Schedule 1 for the first kilometre (or part kilometre) and then (C) per half kilometre thereafter (rounded up to the nearest half kilometre). In addition to this payment the operator will be paid at the rate of item (E) per completed minute for time spent unloading and/or waiting to unload at the ultimate discharge point.

4.3 Variation of Cartage Rates and Surcharges

The cartage rates and surcharges set out in Schedule 1 shall be varied in accordance with the provisions of Schedule 3.

4.4 Award Benefits Etc

(a) The following payments are provided for in the cartage rates and surcharges payable to an Operator under this Part B:

(i) all benefits and entitlements under the Award;

(ii) 20 days annual leave;

(iii) 34.8 hours of long service leave per annum; and

(iv) superannuation at the prevailing statutory rate.

(b) Should there be any variation to the entitlements under the Award, the appropriate cartage rate and/or surcharge will be adjusted accordingly at the relevant review date.

(c) An Operator may take the leave entitlements in accordance with the Award but, if required by Boral, their vehicle must be available with a relief driver when they are taking the above entitlements provided that Boral will:

(i) allow an Operator to withdraw their vehicle from performing the cartage work each year for a period of up to two weeks for the taking of annual leave at a mutually agreeable time that disrupts Boral's business the least; and

(ii) if the utilisation rate falls below 900 loads per annum, not require an Operator to provide a relief driver when on approved leave.

4.5 Minimum Earnings

In the event that an Operator does not cart at least 900 loads of concrete in a financial year, Boral shall adjust their earnings to effect a deemed number of loads carted of 900 at the applicable per load rate. Provided that if an Operator's vehicle has been absent from performing cartage work on regular days the deemed number of loads shall be reduced at the rate of 4 per day absent.