AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
1. the Following Clause Shall Apply in Lieu of Clause 7.3 of Part B of the Contract Determination: An Operator shall arrange and keep current insurance cover whilst working under this Determination in respect of:
(a) motor vehicle comprehensive or third party property;
(b) motor vehicle compulsory third party;
(c) worker's compensation for all employees, including casuals of an Operators Company;
(d) public liability cover to the value of $10 million;
(e) public liability for wrong delivery (extension limit of $500,000); and
(f) sickness and accident cover.
2. The following clause shall apply in lieu of clause 10.8 of Part B of the Contract Determination: Where an Operator owns their mixer and they are required to submit their vehicle to the Roads & Traffic Authority for annual inspection, they shall inform Boral four (4) weeks prior to their registration renewal date or on receipt of their inspection notification, whichever is the earlier.
3. The following clause shall apply in lieu of clause 13.2 of Part B of the Contract Determination:
(a) Should a mixer breakdown occur, an Operator will be responsible for the removal of the concrete.
(b) Boral and its staff will assist where possible and will make available facilities at the plants for hosing out mixers where serious breakdowns prevent the removal of concrete by any other means.
4. The following clause shall apply in lieu of clause 15 of Part B of the Contract Determination:
15. Provision Of Mixer
15.1 Provision Of Mixer
The Operator shall be responsible for the provision of a mixer in accordance with the relevant mixer specification for their vehicle configuration and its safe and proper initial fitting to their prime mover in accordance with the specifications of the respective manufacturer's including the supply of "U" bolts, clearance lights and a protective chassis/mixer cover plate mutually acceptable to Boral and the Operator.
15.2 Mixer Removal
If a mixer is required to be removed at any time for any reason, the total cost of mixer removal and replacement shall be borne by the Operator.
15.3 Responsibility After Fitting
After the initial fitting of their mixer an Operator shall be responsible for the mixer being properly secured to their vehicle. An Operator shall be responsible for all maintenance and replacement of clearance lights, globes and mud flaps and statutory signs. Mud flaps shall be supplied to an Operator by Boral free of charge.
15.4 Provision Of Crank Shaft Protection
An Operator shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take off unit.
15.5 Modifications Etc To Mixer
An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to two (2) working days to effect modifications and fitting work to the mixer. To avoid any doubt, during these two days the Operator will continue to be paid their monthly retainer.
5. The following clause shall apply in lieu of clause 16 of Part B of the Contract Determination:
16. Mixer Care And Maintenance
16.1 Washing Out The Mixer
An Operator shall exercise all reasonable care for the mixer. The mixer shall be thoroughly washed out internally and cleaned down externally to ensure that there is not build up of concrete and so as not to affect the mixing efficiency, carrying capacity and visual appearance of the mixer.
16.2 Provision Of Cleaning Materials Etc
All cleaning materials and equipment necessary for cleaning the mixer shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.
16.3 Mixer Repairs
An Operator is responsible for all maintenance and repairs to their mixer.
16.4 Removal Of Hardened Concrete
(a) Boral shall be responsible for the removal of hardened concrete build up from the inside of the mixer (a process commonly known as de dagging) for the first two occasions in a calendar year, provided that if an Operator carts more than 30% of their loads in excess of 50mpa, low slump concrete, kerb mix and/or no fines Boral shall be responsible for the first four occasions in a calendar year.
(b) All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between an Operator and Boral.
(c) All de-dagging will be completed as soon as practicable.
16.5 Provision Of Fuel For The Mixer
An Operator is responsible for the provision of the fuel to run the mixer.
16.6 Damage To Mixer
An Operator shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.
16.7 Repairs, Servicing Etc To Mixer
An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to five (5) working days to affect repairs to the mixer. To avoid any doubt, during these five days the Operator will continue to be paid their monthly retainer.
16.8 Replacement Of Mixer
An Operator who owns their own mixer may absent their vehicle from performing the cartage work in any calendar year for up to five (5) working days to replace the mixer. To avoid any doubt, during these five days the Operator will continue to be paid their monthly retainer.
6. The following clause shall apply in lieu of clause 17 of Part B of the Contract Determination:
17. Painting And/Or Signwriting
17.1 Boral To Periodically Paint
Boral shall periodically paint and/or signwrite the vehicle to its specification.
17.2 Quality Of Painting
Paint used will be of a quality that is acid resistant and capable of withstanding the arduous conditions of the industry. The painting shall be undertaken by a recognised truck painting contractor and the standard of finish shall be not less than that provided by tradesmen specialising in this field.
17.3 Preparation For Painting
All necessary surface preparations and procedures recommended by the paint manufacturers shall be adhered to. An Operator shall be responsible for the provision of a sound painting surface of the vehicle, including but not limited to the rectification of corrosion, prior to presentation for painting.
17.4 Time Of Painting
All painting is to be done, weather permitting, within the estimated time for the following situations:
(a) vehicle 10 days;
(b) prime mover only 5 days; and
(c) prime mover and mixer frame (not including barrel) 6 days.
17.5 Period Of Painting
A vehicle shall be painted every 5 years or a longer or shorter period by mutual agreement.
17.6 Meaning Of Vehicle
To avoid any doubt, for the purposes of this clause "vehicle" shall mean the complete prime mover and mixer including all their components and external surfaces without exception. The mixer should be removed from the prime mover for painting.
17.7 Unacceptable Paint Finish
In the event that the paint finish of the vehicle is of a standard unacceptable to an Operator, they shall advise Boral prior to the vehicle being removed from the workshop.
17.8 Time Of Painting Excessive
Where painting exceeds the duration stated in clause 17.4 or where a vehicle has to be returned for repainting or painting repairs, an Operator shall be paid by Boral at the rate of item (L) of schedule 1 per hour up to a maximum of eight hours each day.
17.9 Removal Of Logos
An Operator will make their vehicle available to Boral for removal of all "stick on logos" from their vehicle whenever their vehicle is permanently removed from Boral's fleet.
