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

29. BORAL OPERATED VEHICLES & FLEET OWNERS ETC

29.1 Use Of Boral Vehicles

Except as expressly stated in this clause nothing restricts Boral's right to utilise its own vehicles for the cartage work.

(a) At plants which are a nominated plant for Operator and non-Operator vehicles, Boral's six and eight wheeler vehicles shall:

(i) load in accordance with clause 8.2;

(ii) participate in all rosters arising from clause 12.1; and

(iii) participate in the Access to Cartage Work System as set out in Annexure 5.

(b) At plants which are a nominated plant for non-Operator vehicles only, Boral's six and eight wheeler vehicles may:

(i) load in accordance with clause 8.2;

(ii) participate in all rosters arising from clause 12.1; and

(iii) participate in the Access to Cartage Work System as set out in Annexure 5.

(c) Boral shall not introduce any Boral company articulated vehicles into the cartage fleet for the first two years of the operation of this Contract Determination.

29.2 Use Of Fleet Owners

(a) Subject to clause 25.6 and 29.2 (b), (c) and (d), nothing restricts Boral's right to utilise fleet owner vehicles for the cartage work.

Notation: Boral has undertaken to the Union that the commercial terms upon which they would engage a fleet owner would require the fleet owner to:

(a) operate under Boral's safety management plan or, if Boral elected, operate under their own SMP which would need to meet Boral's SMP standards;

(b) comply with the provisions of any relevant employment law (including but not limited to) concerning income tax, workers' compensation, annual leave, long service leave or any award, order determination or agreement of a competent industrial tribunal; and

(c) provide any relevant documentation and co-operate with Boral to allow Boral to confirm compliance with such clauses.

(b) At plants which are a nominated plant for Operator and non-Operator vehicles, fleet owner six and eight wheeler vehicles shall:

(i) load in accordance with clause 8.2;

(ii) participate in all rosters arising from clause 12.1; and

(iii) participate in the Access to Cartage Work System as set out in Annexure 5.

(c) At plants which are a nominated plant for non-Operator vehicles only, fleet owner six and eight wheeler vehicles may:

(i) load in accordance with clause 8.2;

(ii) participate in all rosters arising from clause 12.1; and

(iii) participate in the Access to Cartage Work System as set out in Annexure 5.

(d) Boral shall not introduce any fleet owner articulated vehicles into the cartage fleet for the first two years of the term of this Contract Determination.

29.3 Limit Of Articulated Vehicles

For the third and fourth years of the operation of this Contract Determination Boral shall not have more than five percent of its total cartage fleet (Operator, Boral vehicles, fleet owner vehicles) consisting of articulated vehicles.