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

11. RESPONSIBILITY FOR SLUMP, MIXING & DELIVERY

11.1 Changes To Concrete Mix

Boral shall provide an Operator, whenever practicable, with advice of any major changes to the source of concrete mix ingredients which are likely to affect the visual assessment of the slump.

11.2 Mixing The Load

An Operator shall ensure that the load is properly mixed as reasonably required by Boral and that the slump of the concrete, immediately prior to discharge, is in accordance with the requirements of the latest revision of Australian Standard AS1379 and or the drivers handbook. The tolerances for the specified slumps are listed below unless they have been varied by negotiations (e.g. for specific projects):

Specified Slump	Tolerance
Less than 60mm	+ or - 10mm
60mm up to and including 80mm	+ or - 15mm
Greater than 80mm up to and including 110mm	+ or - 20mm
Greater than 110mm up to and including 150mm	+ or - 30mm
Greater than 150mm	+ or - 40mm

11.3 Checking After Loading - Slump

After loading the vehicle and before leaving the plant, an Operator must:

(a) check the slump of the load;

(b) immediately report to plant staff if they think that upon delivery the slump will not be within the tolerance specified on the delivery docket; and

(c) add water to bring the load to the required slump using the designated hose (and report to the plant staff the quantity of water added).

11.4 Minimum Mixing Requirements

(a) An Operator must mix the concrete for at least the minimum mixing time.

(b) The minimum mixing time for mixing concrete under AS1379 is 4 minutes at the mixer manufacturers rated mixing speed (approximately 16 revolutions per minute) at the batch plant and a minimum re-mix of 1 minute at the rated mixing speed (approximately 16 revolutions per minute) or to customers requirements before discharging on site. Where a high range water reducer is added to the load on site a minimum re-mixing time of three (3) minutes applies.

11.5 Minimum Mixer Revolutions

Unless instructed otherwise by plant staff, the mixer drum must be kept turning at a minimum of 2 revolutions per minute at all times (except during mixing) when it contains concrete.

11.6 Added Water

Boral will make every reasonable endeavour to ensure that the total batch water in a load of concrete is within 10% of the designed batch water.

11.7 Visual Inspection Of Load Before Leaving The Plant - Irregularities

(a) An Operator shall visually inspect each load prior to leaving the plant and shall advise Boral of any apparent unusual features of the load which may have occurred due to any reason including but not limited to batching error, plant failure, contamination and/or Operator error.

(b) Subject to Clause 11.10, an Operator shall not be responsible for or have their cartage payment rejected or withheld due to undetected irregularities of the load which could not be reasonably detected.

11.8 Adding Water To Adjust The Slump - Before Discharging on Site

Should the slump need to be adjusted by adding water to the concrete before discharging an Operator must:

(a) adjust the concrete to within the tolerance of the slump specified on the delivery docket;

(b) ensure the water is fully mixed through the load;

(c) ensure the amount of water added and or the estimated slump is recorded on the docket;

and

(d) make every reasonable endeavour to obtain the signature of the customer for all water added at the customer's request.

11.9 Adjusting the Slump at Request of Third Party

If Boral has removed an Operator's right to adjust the slump of a load on the job site, and they are requested by a third party to adjust the slump of the load, and Boral approves such adjustment, and the load is rejected on the basis of water addition and/or non compliance with the nominated slump tolerance, then Boral shall pay the Operator for the delivery as if the load had not been rejected.

11.10 Rejection Of Load Due To Slump

Subject to clause 11.9, 11.14 and 11.5, when a load is rejected at a job site because the slump is outside the nominated tolerance contained herein, or an Operator has not visually inspected the load prior to leaving the plant an Operator shall not be paid for the cartage work unless the Operator has recorded the additional water and made every reasonable endeavour to obtain a signature from the customer approving such addition resulting in the slump exceeding the nominated tolerance. Should the Operator fail to obtain such a signature they must indicate the addition of water on the docket.

11.11 Obtaining Signatures For Acceptance of Delivery

(a) At the job site an Operator shall make every reasonable endeavour to obtain a signature for acceptance of the delivery, as well as all associated charges, and it shall be an Operator's responsibility to contact the plant immediately by two way radio or telephone when a problem arises in obtaining a signature from the customer as required by Boral.

(b) Boral may not pay an Operator any surcharges associated with the load if there is no verification or acknowledgement of the charges by the customer.

11.12 COD Customers

(a) An Operator shall make every endeavour to collect money from COD customers for all concrete charges, including waiting time. All monies collected shall be submitted in full to the Manager or Plant Supervisor as soon as possible on return to the plant.

(b) Boral will not pay an Operator the waiting time accrued with a COD customer if they:

(i) have not requested payment for such waiting time from the customer; or

(ii) fail to notify plant staff of monies owing due to waiting time prior to despatch of the last load to the customer's project on that day.

(c) The Operator must follow Boral procedures when collecting any cheques subject to being informed and inducted into any such procedure.

(d) An Operator shall immediately advise Boral where practicable by two way radio or telephone when a COD payment is not collected or a dispute arises between an Operator and the customer.

(e) An Operator is not required to carry a float for the purposes of providing a change facility.

(f) An Operator shall take all due care for any money collected and Boral shall provide a written acknowledgement for all monies deposited with them.

11.13 Dumped Load

Where a load is dumped an Operator shall not be liable to compensate Boral unless the loss occurred as a direct result of their negligence or misconduct.

11.14 Delivery To Kerb Making Machine

Subject to clause 11.4, 11.5 and 11.7 (a), in the case of a delivery of concrete to a kerb making machine, an Operator shall assume no responsibility for the slump of the load as it is delivered in an "as batched" condition. Notwithstanding, the appearance of the machine kerb mix should resemble "rabbit pellets".

11.15 High Range Water Reducer

(a) Where a high range water reducer is added on site:

(i) No high range water reducers are to be added unless authorized by Boral.

(ii) The high range water reducer must be added and mixed through the load in accordance with Boral's procedures.

(b) Where a high range water reducer is added during batching:

(i) it is Boral's responsibility to advise the Operator that such a high range water reducer has been added and the likely effect of this admixture on the concrete; and then

(ii) it is the Operator's responsibility to ensure that the concrete with a high range water reducer added during batching is delivered in accordance with clause 11.2.

11.16 Reused Concrete

Where more than 0.8 of a cubic metre is returned and is re used and is more than one and one half hours old, and topped up, Boral shall assume full responsibility for the load, thus excluding an Operator from responsibility for the slump of the load subject to them meeting the requirements under clause 11.3, 11.4, 11.5 and 11.7(a).

11.17 Load Limit

It is the Operator's responsibility to advise Boral if their vehicle is unable to carry the volume of concrete stated on the delivery docket.