AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
25.1 Formation Of Committee
(a) Boral and the Operators must each do all that is reasonably needed to form, maintain and operate a committee comprising Boral representatives and Operator representatives.
(b) Operator representatives will be elected by the Operators.
(c) Boral representatives will be selected by Boral.
(d) The chair shall rotate each year between an Operator representative and a Boral representative.
Notation: The Boral or Operator representatives may invite their agent or representatives to attend meetings if they have given the other party prior notice.
25.2 Sub-Committees
The consultative committee may form (and dissolve) a sub-committee and may act through that sub-committee.
25.3 Committee Procedures
All procedures of the consultative committee are to be determined by the consultative committee. All procedures of any sub-committee of the consultative committee are to be determined by the consultative committee and to the extent that the consultative committee does not determine them, by the sub-committee itself.
25.4 Proper Performance Of Functions
Boral must use its best efforts to ensure that the Boral representatives and the Operators must use their best efforts to ensure that the Operator representatives, each do whatever is necessary to ensure that the consultative committee performs the functions set out in this Part B and performs those functions properly and speedily.
25.5 Consultation Procedure
The following procedure shall apply to any matter the subject of consultation:
(a) Boral or an Operator representative must inform the consultative committee of the relevant matter;
(b) Boral must if requested by the consultative committee, receive any comments of the consultative committee either at a meeting or in writing;
(c) Boral must consult about the relevant matter the subject of the consultation and to avoid any doubt consultation means the act of conferring, to seek counsel from, ask advice of and to refer to for information;
(d) Boral is conclusively taken to have satisfied its obligation to consult thirty days (30) after the step in clause 25.5 (a);
(e) having consulted, Boral may make its own decision concerning the relevant matter; and
(f) Boral may require the consultative committee to nominate an Operator representative on the consultative committee to receive communications from Boral on behalf of the consultative committee.
Notation: To avoid any doubt should a dispute arise concerning a matter which is the subject of consultation or a decision trade by Boral as contemplated in clause 25.5 (e) either party may utilise the grievance and disputes procedure in clause 24 or exercise their rights pursuant to the Act.
25.6 Prior Consultation Before Exercising Rights Etc
To avoid any doubt, prior to exercising any right arising from clauses 22 or utilising a fleet owner to perform cartage work, Boral must consult in accordance with the procedure set out in clause 25.5.
25.7 Periodic Reviews By The Committee
Despite anything else in this clause, the consultative committee will periodically (at least quarterly) review:
(a) customer satisfaction;
(b) vehicle utilisation generally and within plants; and
(c) any other agreed matters associated with the cartage work.
