AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
22. MAJOR CHANGE, VEHICLE AND CONFIGURATION VARIATION ETC.
22.1 Decision To Introduce Change
Where Boral has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Operators, Boral shall consult with the Consultative Committee (refer clause 25) about the changes and discuss the introduction of the changes, the effects the changes are likely to have on Operators and shall give prompt consideration to matters raised by the Consultative Committee.
"Significant effects" include termination of engagement, major changes in the composition, operation or size of Boral's fleet or in the work to be performed, the elimination or diminution of work opportunities, the alteration of usual hours of work etc.
22.2 Mandatory Consultation
Despite clause 22.1 and to avoid any doubt, if Boral believe that it is desirable to:
(a) reduce or increase the number of Operator vehicles in the Operator fleet;
(b) change the balance of vehicle configurations in the Operator fleet;
(c) reduce or increase the number of company vehicles performing cartage work;
(d) change the balance of vehicle configurations in the company fleet performing cartage work; and/or
(e) introduce a new vehicle configuration into the company or Operator fleet,
Boral shall consult with the Consultative Committee (refer clause 25) about the changes and discuss the introduction of the proposed changes, the effects the changes are likely to have on Operators and shall give prompt consideration to matters raised by the Consultative Committee.
22.3 Boral's Right To Make Change
Having consulted in accordance with clause 22.2, Boral may:
(a) (subject to clause 22.4) reduce the number of Operator vehicles;
(b) increase the number of Operator vehicles;
(c) (subject to clause 22.5) offer Operators the opportunity to change vehicle configuration (which may include a new configuration);
(d) reduce or increase the number of company vehicles;
(e) change the balance of vehicle configuration within the company fleet; and/or
(f) introduce a new configuration of vehicle into the company fleet.
22.4 Boral Buffer Vehicles
(a) Where Boral has decided to reduce the Operator fleet to zero, Boral may terminate the Head Contracts of all of the Operators. Provided that if Boral stagger the terminations they must terminate the Operator with the lowest score ascertained in accordance with Annexure 4 first and so on. Provided that if two or more Operators have an equal score the Operator with the shortest service will have their Head Contract terminated first and so on.
(b) In all circumstances other than those set out in clause 22.4 (a), Boral may reduce the number of Operator vehicles only after having withdrawn all (ten) of the Buffer Company Vehicles from service (at some time after the commencement of this Part B and before commencing to reduce the original number of Operator vehicles in service at the commencement of this Part B) by:
(i) calling for volunteers in the relevant configuration(s) of vehicle; and then
(ii) terminating the Head Contract of the Operator in the relevant configuration(s) with the lowest score ascertained in accordance with Annexure 4 first and so on. Provided that if two or more Operators have an equal score the Operator with the shortest service will have their Head Contract terminated first and so on.
22.5 Configuration Change
(a) Boral shall increase the number of Operator vehicles within a particular vehicle configuration by firstly calling for volunteers from existing Operators to move to the relevant configuration of vehicle.
(b) To avoid any doubt, an Operator who has:
(i) complied with the terms of any Change of Configuration Undertaking set out in their Head Contract; or (ii) has purchased a new prime mover so to comply with clause 10.8 (c) of this Part B, cannot be compelled by Boral to change the configuration of their prime mover for the duration of their Head Contract.
