AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
10. AVAILABILITY OF A SUITABLE PRIME MOVER
10.1 Vehicle Image Etc
(a) Operators' vehicles are an integral part of Boral's business strategy. They need to reflect an image of quality and provide the level of performance and necessary reliability to consistently meet Boral's operating standards.
(b) As far as practicable an Operator shall keep their prime mover clean and tidy. Boral will monitor the presentation and image of prime movers to ensure that the appropriate standard is maintained.
(c) All cleaning materials and equipment necessary for cleaning the prime mover shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.
10.2 Obligation To Ensure Vehicle Presented For Work
It is an Operator's obligation on each regular day unless rostered off, to personally supply, man, or have manned by approval, operate, and keep serviceable, their vehicle. Any variation to this obligation will require agreement of both the Operator and Boral.
10.3 Boral Approval To Introduce A Prime Mover
No prime mover shall be brought into service without prior notification in writing by an Operator and written approval by Boral.
10.4 Weighbridge Certificates
(a) When an Operator introduces a vehicle into Boral's fleet and the mixer is fitted, tare and gross weight certificates from a registered weighbridge must be provided by an Operator to Boral.
(b) Where there is any subsequent change to the vehicle tare and gross weight certificates from a registered weighbridge a copy will be provided again, by an Operator to Boral.
(c) Boral will pay the costs of any weighbridge certificates and transfer fees incurred in obtaining such certificates. All weighing is to be conducted at a mutually agreeable time.
(d) Boral may have a representative present during any weighting of the vehicle at a registered weighbridge.
10.5 Repair Of Unserviceable Prime Mover
An unserviceable prime mover shall be repaired as soon as practicable by an Operator.
10.6 Notification To Boral Of Non Attendance
Where an Operator is unable to report for work with their vehicle they shall arrange for Boral to be informed at the earliest possible moment of the reason and the anticipated period of absence.
10.7 Roads & Traffic Authority
(a) Where an Operator is required to submit their vehicle to the Roads & Traffic Authority for annual inspection, they shall inform Boral of the date for inspection four (4) weeks prior to inspection.
(b) Subject to Clause 16.3, if a re-inspection is required due solely to a defective mixer, then a transfer fee of item (F) for the first kilometre (or part kilometre) and then (F) per half kilometre thereafter (rounded up to the nearest half kilometre) will be paid by Boral to an Operator for the total distance travelled to the nominated inspection station from the nominated plant and back, plus any inspection fees payable. In addition Boral will pay an Operator at the rate of item (G) of Schedule 1 per hour or part thereof for all time lost each day that they are prevented from performing the cartage work to a maximum of eight (8) hours each day. To avoid any doubt, during this time the Operator will continue `to be paid their monthly retainer.
10.8 Prime Mover Supply, Configuration and Age
An Operator shall supply a prime mover (and any replacement prime mover), which must:
(a) be of a configuration agreed to with Boral;
(b) comply with the relevant configuration prime mover specification in Annexure 1; and
(c) not be older than the maximum prime mover age.
10.9 Prime Mover Running Costs
An Operator shall pay all of the running costs for their prime mover.
