AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
This AIR consolidated award reproduces the former State award Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination as at 27 March 2006.
About this Award:
Formerly award 1801 Serial (C3735), of the Industrial Relations Commission of New South Wales.
Printed by authority of the Commonwealth Government Printer.
AN120071 [Notional AIR Consolidation]
(1801) SERIAL C3735
BORAL RESOURCES (NSW) PTY LIMITED SYDNEY METROPOLITAN CONCRETE CONTRACT DETERMINATION
CONTRACT DETERMINATION
Preamble
A. Since in or about January 1995, Boral has engaged carriers to perform the work of carriage of concrete in the Sydney Metropolitan Area under the terms of a:
(a) head contract of carriage deed (Head Contract); and
(b) contract of carriage agreement made and registered in or about January 1995 under section 675 of the Industrial Relations Act 1991 (NSW) (Agreement).
B. The assignable term of the Head Contract expires on 11 January 2005. The term of the Agreement has expired but it currently remains in force under the Industrial Relations Act 1996 (NSW).
C. Boral and the TWU and carriers engaged by Boral have conducted negotiations in relation to terms for a new head contract (New Head Contract) to replace the Head Contract and Boral and the TWU have conducted negotiations in relation to terms for a new contract determination to be made on termination of and to replace the Agreement. This is that contract determination.
D. Boral and some carriers have agreed on terms for a New Head Contract to commence operation on or about 11 January 2005 and other carriers will leave Boral's current carrier fleet progressively during the period from 11 January 2005 to 30 April 2005 (Transition Period).
E. Boral and the TWU have agreed that the Head Contract and the Agreement are to be terminated and that this contract determination will regulate terms and conditions as follows:
(a) Part A will regulate terms and conditions during the Transition Period and will cease to operate on 30 April 2005 which is the last day of the Transition Period (Part A represents terms and conditions previously contained in the Agreement together with some further changes agreed by Boral and the TWU to deal with the Transition Period);
(b) Part B will come into operation on 1 May 2005 and will regulate terms and conditions after the Transition Period.
F. The purpose of this introduction is to explain the background to this contract determination. The Head Contract and New Head Contract do not form part of this contract determination.
