Boral Resources (NSW) Pty Limited Sydney Metropolitan
Contract Determination
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Transport Workers' Union of New South Wales,
Industrial Organisation of Employees.
(No. IRC 3496 of 2006)
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Before The Honourable Justice Haylen
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7 December 2006
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CONTRACT
DETERMINATION
Contents
1. Dictionary
1.1 Definitions
2. Area
Incidence And Duration
2.1 Application
2.2 Application Of Other Contract Determinations
2.3 Term
2.4 Operation
3. Nominated
Plants & Cartage Zones
3.1 Nominated Plant
3.2 Cartage Distances
4. Cartage
Rates And Related Matters
4.1 Basis Of Cartage Rates
4.2 Surcharges
4.3 Variation Of Cartage Rates And Surcharges
4.4 Award Benefits Etc
4.5 Minimum Earnings
5. Cartage
Accounts
5.1 Preparation Of Cartage Accounts
5.2 Cartage Account Details
5.3 Payment Of Cartage Accounts
5.4 Recent Account Discrepancies
5.5 Older Account Discrepancies
5.6 Adjustment Following Settlement Of Account Discrepancy
5.7 Purchases Other Than Fuel
5.8 Fuel Purchases
5.9 Overpayment By Boral
5.10 No Other Deduction Or Purchases
5.11 Section 127 Statement
6. Living
Away From Home
6.1 Being Away From Home
6.2 Notice Of Being Away From Home
6.3 Period Of Working Away From Home
6.4 Transfer Payments
7. Statutory
Requirements And Insurance
7.1 Compliance With Laws
7.2 Variation Of Statutory Requirements
7.3 Insurances
7.4 Submission Of Insurance Documents Etc
7.5 Provision Of Photocopies
7.6 Endorsements For Public Liability
8. Loads
8.1 Load Size
8.2 Daily Loading Procedure
8.3 Notification For Next Day
9. Hazardous
Approach To Job Site
9.1 Hazardous Approach To Job Site
9.2 Payment After Unsuccessful Entry
9.3 Refusal To Enter
9.4 Bogged Vehicles
10. Availability
Of A Suitable Prime Mover
10.1 Vehicle Image Etc
10.2 Obligation To Ensure Vehicle Presented For
Work
10.3 Boral Approval To Introduce A Prime Mover
10.4 Weighbridge Certificates
10.5 Repair Of Unserviceable Prime Mover
10.6 Notification To Boral Of Non Attendance
10.7 Roads & Traffic Authority
10.8 Prime Mover Supply, Configuration And Age
10.9 Prime Mover Running Costs
11. Responsibility
For Slump, Mixing & Delivery
11.1 Changes To Concrete Mix
11.2 Mixing The Load
11.3 Checking After Loading ‑ Slump
11.4 Minimum Mixing Requirements
11.5 Minimum Mixer Revolutions
11.6 Added Water
11.7 Visual Inspection Of Load Before Leaving
The Plant ‑ Irregularities
11.8 Adding Water To Adjust The Slump ‑
Before Discharging On Site
11.9 Adjusting The Slump At Request Of Third
Party
11.10 Rejection Of Load Due To Slump
11.11 Obtaining Signatures For Acceptance Of
Delivery
11.12 Cod Customers
11.13 Dumped Load
11.14 Delivery To Kerb Making Machine
11.15 High Range Water Reducer
11.16 Reused Concrete
11.17 Load Limit
12. Rostering
& Access To Cartage Work
12.1 Rosters
12.2 Access To Cartage Work System
13. Breakdowns
13.1 Transfer Of Vehicles Due To Plant
Breakdown
13.2 Assistance When Mixer Or Vehicle Is Broken
Down
14. Communication
Equipment
14.1 Installation Of Communication Equipment
14.2 Removal Of Communication Equipment
14.3 Taking Care Of The Communication Equipment
14.4 Operation Of Communication Equipment
14.5 Maintenance Of Communication Equipment
14.6 Installation And Removal During Normal Operating Hours
15. Provision
Of Mixer
15.1 Provision Of Mixer
15.2 Mixer Removal By Boral
15.3 Mixer Removal By Operator
15.4 Responsibility After Fitting
15.5 Adjustment Of U Bolts
15.6 Removal Of Mixer On Termination Of
Engagement
15.7 Provision Of Crank Shaft Protection
15.8 Modifications Etc To Mixer
16. Mixer Care
And Maintenance
16.1 Washing Out The Mixer
16.2 Provision Of Cleaning Materials Etc
16.3 Reporting Mixer Maintenance Requirements
16.4 Mixer Repairs
16.5 Minor Maintenance Of Mixer
16.6 Removal Of Hardened Concrete
16.7 Major Maintenance Of Mixer
16.8 Provision Of Fuel For The Mixer
16.9 Parking Of Mixer
16.10 Damage To Mixer
16.11 Cease Using The Mixer For Repairs, Servicing Etc
16.12 Replacement Of Mixer
17. Painting
And/Or Signwriting
17.1 Boral To Periodically Paint
17.2 Quality Of Painting
17.3 Preparation For Painting
17.4 Time Of Painting
17.5 Period Of Painting
17.6 Meaning Of Vehicle
17.7 Unacceptable Paint Finish
17.8 Time Of Painting Excessive
17.9 Removal Of Logos
17.10 Transport
18. Delegates
18.1 Recognition
18.2 Use Of Facilities
19. Nominated
Driver
19.1 Use Of Nominated Driver
19.2 Licences
19.3 Nominated Driver Fitness For Work
19.4 Use Of Relief Driver
20. Uniforms
20.1 Dress
20.2 Uniform
20.3 Wet Weather Gear
20.4 Uniform Replacement
21. Amenities
21.1 Entitlement
22. Major
Change, Vehicle And Configuration Variation Etc.
22.1 Decision To Introduce Change
22.2 Mandatory Consultation
22.3 Boral's Right To Make Change
22.4 Boral Buffer Vehicles
22.5 Configuration Change
23. Development
And Training
23.1 Objects, Purposes And Commitments
24. Grievance
And Disputes Procedure
24.1 Commitment
24.2 Procedure Mandatory
24.3 Steps
24.4 Work To Continue Normally
25. Consultative
Committee
25.1 Formation Of Committee
25.2 Sub‑Committees
25.3 Committee Procedures
25.4 Proper Performance Of Functions
25.5 Consultation Procedure
25.6 Prior Consultation Before Exercising Rights Etc
25.7 Periodic Reviews By The Committee
26. Continuous
Improvement Process
26.1 Participation In Continuous Improvement
26.2 Payment
27. Special
Circumstances
27.1 Carting In Other Than Mixer
27.2 Special Or Unique Circumstances
28. Plant
Stored Operator's Equipment
28.1 Provision Of Space
29. Boral
Operated Vehicles & Fleet Owners Etc
29.1 Use Of Boral Vehicles
29.2 Use Of Fleet Owners
29.3 Limit Of Articulated Vehicles
30. Operating
Procedures Etc
30.1 Obligations
30.2 Fines
31. Occupational
Health And Safety
31.1 Obligation To Perform The Cartage Work
Safely
31.2 RTA Requirements
32. Environmental
32.1 Obligations
33. Good Faith
33.1 Boral Obligation
34. Operator's
Rights
34.1 Rights
35. Mixer
Ownership
35.1 Applicable Conditions
36. Other
Conditions
36.1 Reference
37. Leave
Reserved
37.1 Matters
SCHEDULES
Schedule 1 - Rates
Schedule 2 - Monthly Retainer
Schedule 3 - Rate Review & Cost Items
ANNEXURES
Annexure 1 - Vehicle Specifications
Annexure 2 - Mixer Ownership
Annexure 3 - 127 Statement
Annexure 4 - Selection
Annexure 5 - Access to Cartage Work System
1.
Dictionary
1.1 Definitions
In this Contract Determination, unless the context
suggests otherwise, the words on the left hand side of the dictionary shall
have the meaning given to them on the right hand side of the dictionary.
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Act
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the Industrial Relations Act 1996;
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Articulated Vehicle
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an articulated vehicle with a total number of three or
more axles;
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Award
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the Transport Industry (State) Award as varied from time
to time;
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Batching
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the weighting or volumetric measuring of concrete
ingredients
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charged into the mixer at the plant;
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Boral
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Boral Resources (NSW) Pty Limited;
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Boral Representative
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the manager or managers selected by Boral for the purposes
of
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clause 25 and otherwise the relevant manager/supervisor/
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representative of Boral selected to act on their behalf;
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Buffer Company Vehicles
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ten Boral operated vehicles (either six or eight wheelers
or a
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combination of six and eight wheelers which until removed
from
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service are regularly used and allocated to a nominated
plant);
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Cartage Work
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the cartage of concrete using the vehicle and activities
ancillary to
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this including but not limited to slumping the load,
discharging the
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load, driving to concrete plants to be loaded;
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Communication Equipment
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any and all equipment used for communication between Boral
and
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the nominated driver (and vice versa) which shall include
but not be
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limited to a two way radio, GPS etc;
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Concrete
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a product whether mixed, blended or batched, that contains
(but is
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not limited to) as a minimum:
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(a)
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cement, sand and water,
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(b)
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mortar containing cement, sand and water;
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(c)
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grout containing cement, sand and water;
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(d)
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slurry containing cement and water; or
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(e)
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binders containing cement and sand.
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To avoid any doubt, this definition is not contingent on
the method
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of production, laying or description of the finished
product;
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Consultative Committee
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the committee referred to in clause 25;
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Contract Determination
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this Contract Determination;
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Delivery
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the delivering of concrete;
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Designed Batch Water
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the quantity of water stated in the mix design of a
specified concrete;
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Fleet Owner
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a provider of cartage services other than:
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(a)
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Boral; or
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(b)
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a carrier as described in section 309 of the Act;
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Financial Year
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12 months commencing from lst July to 30th June;
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Job Site
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the premises comprising the location at which concrete is
discharged
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which for the purposes of clause 4.2(b) only shall include
a designated
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parking area in the general vicinity of the premises at
which the
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Operator's vehicle is required to wait when loaded before
accessing
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the job site to discharge;
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Load
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the total volume and/or mass of concrete or concrete
ingredients in
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the mix intended for delivery;
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Maximum Prime Mover Age
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the maximum age for the Operator's prime mover set out in
the
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Operator's Head Contract;
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Mini Mix Vehicle
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a vehicle with a mixer that has a mixing capacity of 3.0
m3 or less;
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Mixer
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equipment on the prime mover with the specific purpose of
mixing
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and agitating concrete;
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Nominated Driver
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a person referred to in section 309 (1) (c) (i), (ii) or
(iii) of the Act;
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Nominated Plant
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the place from which an Operator usually commences work in
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accordance with clause 3.1 of Part B of this Contract
Determination;
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Operator
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a contract carrier trading as an incorporated body
contracted to Boral
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to cart concrete (all Operators engaged by Boral shall be
incorporated
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bodies);
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Part A
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Part A of this Contract Determination
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Part B
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Part B of this Contract Determination
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Practicable
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capable of being put into practice with the available
means and with
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reason and prudence;
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Principal Contractor
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Boral;
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Prime Mover
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the cab chassis provided by the Operator;
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Relief Driver
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a driver approved by Boral in accordance
with clause 19.4 of this
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Part B;
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Regular Days
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the days Monday to Saturday inclusive each
week that an Operator
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is required by Boral to make their vehicle
available to perform the
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cartage work excluding:
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(a)
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the days when Boral has directed an
Operator not to attend
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for cartage work due to bad weather, plant
breakdown, plant
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shutdown or lack of cartage work;
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(b)
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(subject to Boral's approval which shall
not be unreasonably
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withheld) up to five days in a year that
the Operator is unable
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to attend to perform the cartage work for
genuine and
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unforeseen reasons (such as sudden illness
of the nominated
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driver, prime mover break down or pressing
domestic
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problems etc)the burden of proof of which
shall lie with the
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Operator;
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(c)
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(when Boral owns the mixer) the days when
the Operator's
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vehicle is unavailable to perform the
cartage work in
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accordance with
clause:
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(i)
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4.4(c);
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(ii)
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9.4(d);
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(iii)
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10.7(b);
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(iv)
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15.8;
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(v)
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16.11;
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(vi)
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16.12;
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(vii)
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17.4;
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(viii)
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17.8;
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(ix)
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23.1(e);
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(x)
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31.1(f); or
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(xi)
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32.1; and
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(d)
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(when the Operator
owns the mixer) the days when the
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Operator's vehicle is unavailable to
perform the cartage
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work in accordance with clause:
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(i)
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4.4(c);
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(ii)
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9.4 (d);
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(iii)
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15.5 (Refer Annexure 2);
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(iv)
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16.7 (Refer Annexure 2);
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(v)
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16.8 (Refer Annexure 2);
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(vi)
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17.4 (Refer Annexure 2);
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(vii)
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17.8 (Refer Annexure 2);
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(viii)
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23.1 (e);
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(ix)
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31.1(f); or
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(ix)
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32.1;
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Sydney Metropolitan
Area
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the area in which concrete is produced
within the following
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boundaries:
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Stanwell Tops, Bulli, Mount Ousley, Appin,
Razorback, Warragamba,
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Emu Plains, Sackville, Hawkesbury Bridge, Terry Hills, Palm Beach;
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Union
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the Transport
Workers' Union of New South Wales;
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Vehicle
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the prime mover and
mixer;
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Written authority
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any approved document that bears the
signature of the Operator or
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Boral as the case may be.
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2.
Area Incidence and Duration
2.1 Application
This Part B will operate with respect to contracts of
carriage between Boral and its Operators engaged at concrete batching plants
throughout the Sydney Metropolitan Area to perform the cartage work.
2.2 Application
Of Other Contract Determinations
This Part B shall:
(a) apply to the exclusion of the Transport
Industry Concrete Haulage Contract Determination. Vol 260 published 30.11.90 as
varied or replaced from time to time; but
(b) be
read and construed in conjunction with the Boral GST Protocol (Facilitation
& Compliance) Contract Determination.
2.3 Term
This Contract Determination shall operate in accordance
with its terms from 1 December 2006 and have a nominal term of three (3)
years. The nominal term expires on 30
December 2009.
3.
Nominated Plants & Cartage Zones
3.1 Nominated
Plant
An Operator shall normally work from a nominated plant
provided that Boral may change an Operator's nominated plant to meet its
business needs by giving them 14 days notice of the change having first:
(a) attempted to meet those needs on a
voluntary basis; and then
(b) changed the nominated plant of all other
Operators (in an Operator's nominated plant and with the same configuration
vehicle) who has been at that nominated plant for a shorter period of time.
3.2 Cartage
Distances
(a) Cartage distances shall be based on a
computerised distance data base or, should the computerised distance database
not be available an agreed map, displayed at the plant (and available for
inspection by the Operators) or a street directory. Cartage distances shall be
measured to the nearest half a kilometre after the first kilometre.
(b) Any dispute arising in relation to the
actual distances to be paid to an Operator shall be resolved within two working
days between Boral's representative and an Operator or their representative by
jointly measuring the actual distance travelled, in a mutually agreed vehicle,
from the loading point to the discharge point via the shortest practicable
route.
4.
Cartage Rates and Related Matters
4.1 Basis
of Cartage Rates
Cartage rates for Operators are based on:
(a) (subject to Schedule "2") a
monthly retainer fee of (A); and
(b) (B) per load; and
(c) (C) for the first kilometre (or part
kilometre) and then ½ (C) per half kilometre thereafter (rounded up to the
nearest half kilometre) that the load is carried with a minimum payment of
three (3) times (C).
Notation: refer to Schedule "1 "for the
amounts referred to in this clause by way of a capital letter.
Notation: the cartage rates arising from this clause
are exclusive of GST, refer to the Boral GST Protocol (Facilitation and
Compliance) Contract Determination.
4.2 Surcharges
In addition to the cartage rates in clause 4.1 where
appropriate an Operator shall be paid the following surcharges:
(a) Mixing in the Yard
An Operator will be paid a fee of (D) of Schedule 1 per
load to mix and discharge concrete within the boundaries of a plant. If an
operator owns their own mixer "I" of Schedule 1 will be added to the
fee.
(b) Waiting Time
An Operator will be paid at the rate prescribed in item
(E) of Schedule 1 for all time spent on site waiting to discharge and/or
discharging the load which is beyond 40 minutes. Such payment will be
calculated to the nearest completed whole minute.
(c) Out of Hours Surcharges
(i) Normal
delivery hours shall be 6.00am to 5.00pm Monday to Friday and 6.00 am to
1.00pm Saturday. For the determinations
made under this clause, time shall be the time of completed loading. It is the
Operator's responsibility to ensure that the load is correctly mixed and of the
desired consistency to achieve the specified slump on site, prior to leaving
the plant. Should the load not be mixed to its desired consistency due to
batching error, the delivery docket will be re‑stamped upon the load
reaching the required consistency in conformity with required specifications.
(ii) Surcharge
Rates ‑ in addition to the cartage rates in clause 4.1, an Operator will
be paid at the rate prescribed in item (H) of Schedule 1 per load with respect
to product delivered outside the hours of 6.00am to 4.00pm Monday to Friday and
6.00am - 12.00 noon Saturdays, or Item
M of Schedule 1 per load with respect to product delivered on Sundays or Public
Holidays.
(iii) Where an
Operator is required at the plant to make a delivery outside normal delivery
hours they will be paid for each completed half hour after normal delivery
hours at the rate prescribed in item (G) of Schedule 1 where no load is
received following the expiration of the initial half hour. If an operators
start time is after 5.30am and before 6.00am and no load is received the
expiration of the initial half hour will not apply and they will receive the
payment prescribed in item (G) of schedule 1.
(iv) An Operator
will receive item (N) of Schedule 1 where an Operator has completed their
cartage work in normal delivery hours has left the plant and then been recalled
for work in the following circumstances:
(A) Public
Holidays;
(B) Sundays;
(C) Saturday before
5.00am or after 1.00pm; or
(D) Monday to
Friday after 6.00pm or before 5.00am.
In the cases of (C) & (D) only, when the cumulative
value of surcharges paid is equal to or exceeds item (N) the payment shall not
be paid. If the total surcharge value paid is less than (N) the balance equal
to the payment will be paid.
(d) Multiple Discharge Points and Customers
(i) Multiple
Discharge Points ‑ Payment for cartage work covers the total distance
travelled. Additional km travelled will be added to the ticket and paid as if
the original load was carried for the entire distance plus waiting time, if
applicable, commencing from the arrival at the first delivery point. Waiting
time is only applicable after the expiration of the appropriate time allowance
as in Clause 4.2 (b).
(ii) Multiple
Customers ‑ Each delivery shall be treated for the purpose of payment as
separate deliveries.
(e) Diverted Loads
Diverted loads are loads that are intended for delivery
to a particular customer but discharge of the load does not commence and the
Operator is directed to deliver the load to an alternative location. In this
case the Operator will be paid as follows:
(i) Direct
Diversion ‑ Where a load is diverted en route an Operator will be paid
normal cartage rates covering the total distance travelled from initial
departure from the plant to the ultimate delivery point of the load, plus
waiting time payment whilst awaiting diversion advice.
(ii) Return to
Plant and divert ‑ It is thereafter treated as a new load.
(iii) Return to
Plant and Dumped ‑ When 1.0 cubic metre or more of concrete is returned
to the plant and dumped cartage will be paid as if the delivery had been
successful, with the additional payment of item (F) per kilometre for the
return journey.
(iv) Return to Plant
and Subsequently Dumped Outside Plant ‑Where Boral directs any diverted
load that has been agitated in the yard to be taken to another site and dumped,
an Operator will be paid at the rate specified in Schedule 1 item (C) for the
first kilometre (or part kilometre) and then ½ (C) per half kilometre
thereafter (rounded up to the nearest half kilometre) that the load is carried
with a minimum payment of three (3) times (C) to the discharge point, with the
additional payment of item (F) per kilometre for the return journey to the
plant.
(f) Road and Bridge Tolls
Where an Operator is required to pay a road and/or
bridge toll whilst performing cartage work then such road and/or bridge toll
shall be paid by Boral, provided that both the outward and return journey are
travelled by the shortest practicable route (this includes daily plant
transfers).
(g) Transfer Rates
(i) Transfer
Rates ‑ An Operator will be paid at the rate prescribed in item (F) of
schedule 1 for the first kilometre (or part kilometre) and then ½ (F) per half
kilometre thereafter (rounded up to the nearest half kilometre) that the
vehicle travels between approved locations.
(ii) Transfer
payments will be paid if a vehicle is transferred empty between plants with
payment based upon the shortest practicable route to the nearest half a
kilometre. When returning to the vehicles nominated plant the transfer payment
will be based upon the net difference between the kilometre rate for any return
load and additional distance travelled.
(h) Awaiting Diversion Advice & Material
Transfer With The Plant
When an Operator is required to
(i) agitate any
quantity of concrete within the plant whilst awaiting diversion advice; or
(ii) material
transfer within the plant
they will be paid at the rate of (J) of Schedule 1 per
completed minute.
(i) Left Over Concrete
(i) All concrete
remains the property of Boral and accordingly Boral reserves the right to
direct where concrete is to be taken or if and where it is to be dumped. The
Operator shall contact Boral for instructions as soon as possible in this
regard. No payment shall be made other than that arising from the delivery
itself when concrete is dumped in the vicinity of the original job site.
(ii) When 1.0
cubic metre or more of left over concrete is returned to the plant the Operator
will be paid at the rate prescribed in item (F) of Schedule 1 for the first
kilometre (or part kilometre) and then ½(F) per half kilometre thereafter
(rounded up to the nearest half kilometre) that the load is carried;
(iii) When the
Operators vehicle is used to dispose of left over concrete by returning to the
source plant, as a result of pump line "blow back" the Operator will
be paid at the rate prescribed in item (F) of Schedule 1 for the first
kilometre (or part kilometre) and then ½ (F) per half kilometre thereafter
(rounded up to the nearest half kilometre) that the load is carried. In
addition to this payment the Operator will be paid at the rate of item (E) per
completed minute for time spent between completing the discharge of the load
and completion of loading the "blow back".
(iv) When left over
concrete is not returned to the source plant an Operator will be paid for the
total distance travelled from the initial departure from the plant to the
ultimate discharge point of the load at the rate prescribed in item (C) of
Schedule 1 for the first kilometre (or part kilometre) and then ½ (C) per half
kilometre thereafter (rounded up to the nearest half kilometre). In addition to
this payment the operator will be paid at the rate of item (E) per completed
minute for time spent unloading and/or waiting to unload at the ultimate
discharge point with the additional payment of item (F) per kilometre for the
return journey to the plant.
4.3 Variation
of Cartage Rates and Surcharges
The cartage rates and surcharges set out in Schedule 1
shall be varied in accordance with the provisions of Schedule 3.
4.4 Award
Benefits Etc
(a) The following payments are provided for
in the cartage rates and surcharges payable to an Operator under this Contract
Determination.
(i) all benefits
and entitlements under the Award;
(ii) 20 days
annual leave;
(iii) 34.8 hours of
long service leave per annum; and
(iv) superannuation
at the prevailing statutory rate.
(b) Should there be any variation to the
entitlements under the Award, the appropriate cartage rate and/or surcharge
will be adjusted accordingly at the relevant review date.
(c) An Operator may take the leave
entitlements in accordance with the Award but, if required by Boral, their
vehicle must be available with a relief driver when they are taking the above
entitlements provided that Boral will:
(i) allow an
Operator to withdraw their vehicle from performing the cartage work each year
for a period of up to two weeks for the taking of annual leave at a mutually
agreeable time that disrupts Boral's business the least; and
(ii) if the
utilisation rate falls below 900 loads per annum, not require an Operator to
provide a relief driver when on approved leave.
4.5 Minimum
Earnings
In the event that an Operator does not cart at least
900 loads of concrete in a financial year, Boral shall adjust their earnings to
effect a deemed number of loads carted of 900 at the applicable per load rate.
Provided that if an Operator's vehicle has been absent from performing cartage
work on regular days the deemed number of loads shall be reduced at the rate of
4 per day absent.
5. Cartage
Accounts
5.1 Preparation
Of Cartage Accounts
Boral shall prepare cartage accounts in accordance with
dockets issued by Boral to an Operator during the course of the accounting
period.
5.2 Cartage
Account Details
An Operator's accounts, as prepared by Boral, shall be
itemised on a daily basis which shall include for each load: date, docket
number, job address, load fee, paid kilometres, surcharges and total payment.
5.3 Payment
Of Cartage Accounts
Cartage accounts shall be paid on the following basis:
(a) the first monthly retainer shall be due
in advance;
(b) subsequent monthly retainer payments
shall be paid monthly (this continues to be a payment in advance);
(c) cartage earnings (other than the monthly
retainer) shall be calculated twice monthly and paid within ten days of the
last day of the period; and
(d) payment will be by electronic funds
transfer into the Operator's nominated bank account.
5.4 Recent
Account Discrepancies
Account discrepancies relating to the immediately
preceding pay period shall be settled promptly and in no case later than
fourteen (14) days from the date of written submission of the discrepancy.
5.5 Older
Account Discrepancies
Account discrepancies relating to other than the
immediately preceding pay period and up to twelve (12) months previous shall be
settled within thirty (30) days from the date of written submission of the
discrepancy. Over one year account discrepancies are to be settled as soon as
practicable.
5.6 Adjustment
Following Settlement Of Account Discrepancy
Where, following settlement of an account discrepancy,
an adjustment to cartage payments is required, then such adjustment shall be
made in the pay period following settlement.
5.7 Purchases
Other Than Fuel
Where an Operator purchases any item other than fuel
from Boral, or where goods are purchased on an Operator's behalf by Boral,
Boral may deduct from an Operator's cartage payments an amount equal to the
value of the purchase provided Boral has written authorisation to make such
deduction.
5.8 Fuel
Purchases
Boral may deduct from an Operator's cartage payments an
amount equal to the value of any fuel purchased from Boral. The price of the fuel shall not be adjusted
retrospectively.
5.9 Overpayment
By Boral
When an Operator is overpaid, Boral shall submit an
adjustment account to the Operator which shall be determined within fourteen
(14) days from the date of submission for the immediately preceding pay period
or thirty (30) days for all other claims. Following determination of the overpayment,
the deduction shall be from the next cartage payment due.
5.10 No
Other Deduction Or Purchases
Except as provided for in clause 5, no:
(a) deductions can be made from an
Operator's account without an Operator's prior written approval; and
(b) purchases are to be made on Boral's
account without prior written approval.
5.11 Section
127 Statement
An Operator shall complete and provide to Boral a
section 127 statement each quarter in the terms set out in Annexure 3.
6.
Living Away from Home
6.1 Being Away From Home
(a) When an Operator is engaged in work
which precludes them from reaching their usual place of residence at night they
shall receive the benefits and conditions as detailed in the Award.
(b) To avoid any doubt, this clause shall
not apply to movements within the Sydney Metropolitan Area.
6.2 Notice
Of Being Away From Home
Where an Operator is required to transfer to a working
area which precludes them from returning to their normal place of residence
each night, Boral wherever possible shall provide them with at least twenty
four (24) hours prior notice of the request.
6.3 Period
Of Working Away From Home
Where an Operator is transferred outside the Sydney
Metropolitan Area, such transfer shall be for a period not exceeding seven (7)
days duration or longer by mutual agreement and shall be done from a cyclic
transfer roster.
6.4 Transfer
Payments
(a) When an Operator is transferred in
accordance with this clause, they shall be paid transfer payments at the rate
of item (F) of Schedule 1 per kilometre or part thereof that they are required
to travel to and from the directed transfer location.
(b) A transfer docket must be issued by
Boral to an Operator prior to departure, wherever practicable, otherwise on
arrival at the destination.
(c) Should a transfer be cancelled or
redirected the relevant transfer docket shall be adjusted by Boral immediately
on an Operator's return to the plant from which they were originally
transferred.
7.
Statutory Requirements and Insurance
7.1 Compliance
With Laws
An Operator shall comply with the provisions of all
relevant statutes and regulations made there under in relation to the use or
operation of their vehicle and they shall ensure payment of all lawful fees,
licences and taxes in relation thereto.
7.2 Variation
of Statutory Requirements
Any variation in statutory requirements increasing the
cost of performing the cartage work shall be taken into account when next
varying the cartage rates.
7.3 Insurances
An Operator shall arrange and keep current insurance
cover whilst working under this Contract Determination in respect of:
(a) motor vehicle comprehensive including
third party property;
(b) motor vehicle compulsory third party;
(c) worker's compensation for all employees,
including casuals of an Operator's Company;
(d) public liability;
(i) public
liability cover to the value of $10 million;
(ii) public
liability for mixer damage (extension) $40,000 limit;
(iii) public
liability for wrong delivery (extension) $500,000 limit; and
Notation: insurer may roll these policies into one.
(e) sickness and accident cover.
7.4 Submission
of Insurance Documents Etc
All relevant insurance policies, registration
certificates and driver licences are to be submitted to Boral for perusal,
verification and return prior to the commencement of an Operator's engagement
and thereafter upon demand within fourteen (14) days of request.
7.5 Provision
of Photocopies
An Operator will upon request provide photocopies of
any of the above documentation, other than the driver's licence which will be
produced for sighting and verification only.
7.6 Endorsements
For Public Liability
All public liability insurance shall be endorsed to:
(a) extend to provide indemnity to Boral as
Principal;
(b) contain a waiver of subrogation from the
insurer in favour of Boral as Principal; and
(c) contain a cross liability clause.
8.
Loads
8.1 Load
Size
The customer's requirements or technical requirements
will determine the actual load size however Boral and the Operator are jointly
committed to ensuring that the legal carrying capacity of the vehicle and the
rated capacity of the mixer are not exceeded.
8.2 Daily
Loading Procedure
(a) The initial daily starting order will be
in accordance with the Access to Cartage Work System as set out in Annexure 5.
(b) All vehicles will then be loaded in
order of their return to the plant except:
(i) mini mix
vehicles which may be preferentially loaded;
(ii) single load
or message greater than the mixer capacity or legal carrying capacity of the
vehicle next in line which may be preferentially loaded;
(iii) articulated
vehicles which may be preferentially loaded;
(iv) vehicles with
returned concrete (where it is impractical due to facility or time constraints
to transfer the returned concrete to the next vehicle in line) which may be
preferentially loaded; and
(v) work pool
vehicles who will be loaded in accordance with Annexure 5.
8.3 Notification
For Next Day
The initial loading time and the initial plant from which
such loading is to occur shall be notified by Boral to an Operator before the
end of normal operating hours.
9.
Hazardous Approach to Job Site
9.1 Hazardous
Approach To Job Site
(a) An Operator shall have the right to
refuse to enter upon ground which they consider unsafe or hazardous.
(b) If an Operator does refuse entry and the
delivery is completed on that day by other vehicles (whether Boral or Operator
vehicles) without the use of additional equipment and / or site access
improvements by the customer, then the Operator shall not be paid for the
delivery or return cartage unless the load has been diverted to another job in
which case the delivery to the alternate location shall be paid as if it were a
new delivery from the plant where batched to the alternate location.
9.2 Payment
After Unsuccessful Entry
If an Operator has notified the plant of the unsafe or
hazardous job site and/or approach but attempts unsuccessfully to enter, they
shall be paid for the cartage as if the delivery had been successful even if
the delivery is ultimately completed, as stated in clause 9.1 (b).
9.3 Refusal
To Enter
In all cases if an Operator refuses to enter and the
delivery is not completed on that day without the use of additional equipment
they will be paid the total cartage rate to the job site plus return cartage if
the load is returned to the plant, on Boral's instructions, unless the load is
diverted to an alternate location in which case they will be paid in accordance
with clause 4.2 (e).
9.4 Bogged
Vehicles
(a) Where an Operator goes beyond the kerb
to complete a delivery and their vehicle becomes bogged or is otherwise
rendered inoperative as a consequence of such attempted delivery, Boral shall
arrange the services of an experienced salvage contractor to extricate the
vehicle as soon as practicable and shall bear all costs for those arrangements.
(b) Boral shall ensure that the salvage
contractor selected is covered by an appropriate insurance policy to rectify
any damage that the salvage contractor may cause to the Operator's vehicle
during the extrication process.
(c) Provided further that the provisions of
clause 9.4 (a) and (b) shall not apply where the vehicle becomes bogged or
inoperative as direct result of an Operator's negligence.
(d) If the circumstances in clause 9.4 (a)
arise, the Operator will continue to paid their monthly retainer in accordance
with clause 4.1 provided that the Operator:
(i) did not
become bogged or inoperative as a result of their own negligence;
(ii) complied with
all directions given by Boral in relation to the load;
(iii) complied with
all reasonable direction given to the Operator by the customer; and
(iv) complies with
clause 10.5.
10.
Availability of a Suitable Prime Mover
10.1 Vehicle
Image Etc
(a) Operators' vehicles are an integral part
of Boral's business strategy. They need
to reflect an image of quality and provide the level of performance and
necessary reliability to consistently meet Boral's operating standards.
(b) As far as practicable an Operator shall
keep their prime mover clean and tidy. Boral will monitor the presentation and
image of prime movers to ensure that the appropriate standard is maintained.
(c) All cleaning materials and equipment
necessary for cleaning the prime mover shall be supplied by Boral and shall
comply with any and all statutory requirements and regulations.
10.2 Obligation
To Ensure Vehicle Presented For Work
It is an Operator's obligation on each regular day
unless rostered off, to personally supply, man, or have manned by approval,
operate, and keep serviceable, their vehicle.
Any variation to this obligation will require agreement of both the
Operator and Boral.
10.3 Boral
Approval To Introduce A Prime Mover
No prime mover shall be brought into service without prior
notification in writing by an Operator and written approval by Boral.
10.4 Weighbridge
Certificates
(a) When an Operator introduces a vehicle
into Boral's fleet and the mixer is fitted, tare and gross weight certificates
from a registered weighbridge must be provided by an Operator to Boral.
(b) Where there is any subsequent change to
the vehicle tare and gross weight certificates from a registered weighbridge a
copy will be provided again, by an Operator to Boral.
(c) Boral will pay the costs of any
weighbridge certificates and transfer fees incurred in obtaining such
certificates. All weighing is to be conducted at a mutually agreeable time.
(d) Boral may have a representative present
during any weighting of the vehicle at a registered weighbridge.
10.5 Repair
Of Unserviceable Prime Mover
An unserviceable prime mover shall be repaired as soon
as practicable by an Operator.
10.6 Notification
To Boral Of Non Attendance
Where an Operator is unable to report for work with
their vehicle they shall arrange for Boral to be informed at the earliest
possible moment of the reason and the anticipated period of absence.
10.7 Roads
& Traffic Authority
(a) Where an Operator is required to submit
their vehicle to the Roads & Traffic Authority for annual inspection, they
shall inform Boral of the date for inspection four (4) weeks prior to
inspection.
(b) Subject to Clause 16.3, if a re‑inspection
is required due solely to a defective mixer, then a transfer fee of item (F)
for the first kilometre (or part kilometre) and then ½ (F) per half kilometre
thereafter (rounded up to the nearest half kilometre) will be paid by Boral to
an Operator for the total distance travelled to the nominated inspection
station from the nominated plant and back, plus any inspection fees payable. In
addition Boral will pay an Operator at the rate of item (G) of Schedule 1 per
hour or part thereof for all time lost each day that they are prevented from
performing the cartage work to a maximum of eight (8) hours each day. To avoid
any doubt, during this time the Operator will continue to be paid their monthly
retainer.
10.8 Prime
Mover Supply, Configuration and Age
An Operator shall supply a prime mover (and any
replacement prime mover), which must:
(a) be of a configuration agreed to with
Boral;
(b) comply with the relevant configuration
prime mover specification in Annexure 1; and
(c) not be older than the maximum prime
mover age.
10.9 Prime
Mover Running Costs
An Operator shall pay all of the running costs for
their prime mover.
11.
Responsibility for Slump, Mixing & Delivery
11.1 Changes
To Concrete Mix
Boral shall provide an Operator, whenever practicable,
with advice of any major changes to the source of concrete mix ingredients
which are likely to affect the visual assessment of the slump.
11.2 Mixing
The Load
An Operator shall ensure that the load is properly
mixed as reasonably required by Boral and that the slump of the concrete,
immediately prior to discharge, is in accordance with the requirements of the
latest revision of Australian StandardAS1379 and or the drivers handbook. The
tolerances for the specified slumps are listed below unless they have been
varied by negotiations (e.g. for specific projects):
|
|
Tolerance
|
|
Specified Slump
|
|
|
Less than 60mm
|
+ or ‑10mm
|
|
60mm up to and including 80mm
|
+ or ‑15mm
|
|
Greater than 80mm up to and including 110mm
|
+ or ‑ 20mm
|
|
Greater than 110mm up to and including
150mm
|
+ or ‑ 30mm
|
|
Greater than 150mm
|
+ or ‑ 40mm
|
11.3 Checking
After Loading ‑ Slump
After loading the vehicle and before leaving the plant,
an Operator must:
(a) check the slump of the load;
(b) immediately report to plant staff if
they think that upon delivery the slump will not be within the tolerance
specified on the delivery docket; and
(c) add water to bring the load to the
required slump using the designated hose (and report to the plant staff the
quantity of water added).
11.4 Minimum
Mixing Requirements
(a) An Operator must mix the concrete for at
least the minimum mixing time.
(b) The minimum mixing time for mixing
concrete under AS 1379 is 4 minutes at the mixer manufacturers rated mixing
speed (approximately 16 revolutions per minute) at the batch plant and a
minimum re‑mix of 1 minute at the rated mixing speed (approximately 16
revolutions per minute) or to customers requirements before discharging on
site. Where a high range water reducer is added to the load on site a minimum
re‑mixing time of three (3) minutes applies.
11.5 Minimum
Mixer Revolutions
Unless instructed otherwise by plant staff, the mixer
drum must be kept turning at a minimum of 2 revolutions per minute at all times
(except during mixing) when it contains concrete.
11.6 Added
Water
Boral will make every reasonable endeavour to ensure
that the total batch water in a load of concrete is within 10% of the designed
batch water.
11.7 Visual
Inspection Of Load Before Leaving The Plant ‑ Irregularities
(a) An Operator shall visually inspect each
load prior to leaving the plant and shall advise Boral of any apparent unusual
features of the load which may have occurred due to any reason including but
not limited to batching error, plant failure, contamination and/or Operator
error.
(b) Subject to Clause 11.10, an Operator
shall not be responsible for or have their cartage payment rejected or withheld
due to undetected irregularities of the load which could not be reasonably
detected.
11.8 Adding
Water To Adjust The Slump ‑ Before Discharging on Site
Should the slump need to be adjusted by adding water to
the concrete before discharging an Operator must:
(a) adjust the concrete to within the
tolerance of the slump specified on the delivery docket;
(b) ensure the water is fully mixed through
the load;
(c) ensure the amount of water added and or
the estimated slump is recorded on the docket; and
(d) make every reasonable endeavour to
obtain the signature of the customer for all water added at the customer's
request.
11.9 Adjusting
The Slump At Request Of Third Party
If Boral has removed an Operator's right to adjust the
slump of a load on the job site, and they are requested by a third party to
adjust the slump of the load, and Boral approves such adjustment, and the load
is rejected on the basis of water addition and/or non compliance with the
nominated slump tolerance, then Boral shall pay the Operator for the delivery
as if the load had not been rejected.
11.10 Rejection
Of Load Due To Slump
Subject to clause 11.9, 11.14 and 11.5, when a load is
rejected at a job site because the slump is outside the nominated tolerance
contained herein, or an Operator has not visually inspected the load prior to
leaving the plant an Operator shall not be paid for the cartage work unless the
Operator has recorded the additional water and made every reasonable endeavour
to obtain a signature from the customer approving such addition resulting in
the slump exceeding the nominated tolerance. Should the Operator fail to obtain
such a signature they must indicate the addition of water on the docket.
11.11 Obtaining
Signatures For Acceptance of Delivery
(a) At the job site an Operator shall make
every reasonable endeavour to obtain a signature for acceptance of the
delivery, as well as all associated charges, and it shall be an Operator's
responsibility to contact the plant immediately by two way radio or telephone
when a problem arises in obtaining a signature from the customer as required by
Boral.
(b) Boral
may not pay an Operator any surcharges associated with the load if there is no
verification or acknowledgement of the charges by the customer.
11.12 COD
Customers
(a) An Operator shall make every endeavour
to collect money from COD customers for all concrete charges, including waiting
time. All monies collected shall be submitted in full to the Manager or Plant
Supervisor as soon as possible on return to the plant.
(b) Boral will not pay an Operator the
waiting time accrued with a COD customer if they:
(i) have not
requested payment for such waiting time from the customer; or
(ii) fail to
notify plant staff of monies owing due to waiting time prior to despatch of the
last load to the customer's project on that day.
(c) The Operator must follow Boral
procedures when collecting any cheques subject to being informed and inducted
into any such procedure.
(d) An Operator shall immediately advise Boral
where practicable by two way radio or telephone when a COD payment is not
collected or a dispute arises between an Operator and the customer.
(e) An Operator is not required to carry a
float for the purposes of providing a change facility.
(f) An Operator shall take all due care for
any money collected and Boral shall provide a written acknowledgement for all
monies deposited with them.
11.13 Dumped
Load
Where a load is dumped an Operator shall not be liable
to compensate Boral unless the loss occurred as a direct result of their
negligence or misconduct.
11.14 Delivery
To Kerb Making Machine
Subject to clause 11.4, 11.5 and 11.7 (a), in the case
of a delivery of concrete to a kerb making machine, an Operator shall assume no
responsibility for the slump of the load as it is delivered in an "as
batched" condition. Notwithstanding, the appearance of the machine kerb
mix should resemble "rabbit pellets".
11.15 High
Range Water Reducer
(a) Where a high range water reducer is
added on site:
(i) No high range
water reducers are to be added unless authorized by Boral.
(ii) The high
range water reducer must be added and mixed through the load in accordance with
Boral's procedures.
(b) Where a high range water reducer is
added during batching:
(i) it is Boral's
responsibility to advise the Operator that such a high range water reducer has
been added and the likely effect of this admixture on the concrete; and then
(ii) it is the
Operator's responsibility to ensure that the concrete with a high range water
reducer added during batching is delivered in accordance with clause 11.2.
11.16 Reused
Concrete
Where more than 0.8 of a cubic metre is returned and is
re used and is more than one and one half hours old, and topped up, Boral shall
assume full responsibility for the load, thus excluding an Operator from
responsibility for the slump of the load subject to them meeting the
requirements under clause 11.3, 11.4, 11.5 and 11.7(a).
11.17 Load
Limit
It is the Operator's responsibility to advise Boral if
their vehicle is unable to carry the volume of concrete stated on the delivery
docket.
12.
Rostering & Access to Cartage Work
12.1 Rosters
Boral will operate:
(a) a daily start roster;
(b) a period (not exceeding one month)
transfer cyclic roster;
(c) a roster off roster (Notation: in the
operation of roster off rosters Boral does not intend to require Operators to
remain at work unless they genuinely believe that they are or may be required
to service customers); and
(d) such other rosters as Boral require from
time to time to efficiently operate its business.
12.2 Access
To Cartage Work System
Boral will provide the opportunity for cartage work to
Operators in accordance with the Access to Cartage Work System as set out in
Annexure 5.
13.
Breakdowns
13.1 Transfer
Of Vehicles Due To Plant Breakdown
(a) In the situation of a plant breakdown
sufficient vehicles should be transferred to the plant where the work is being
diverted to, in order to provide sufficient customer service.
(b) Where it is likely that the plant is out
of production for the rest of the day, then an Operator will either be
transferred or given permission to finish work for the day. Such decision is to
be made within two (2) hours of the initial breakdown.
13.2 Assistance
When Mixer Or Vehicle Is Broken Down
An Operator shall initially assist in every practicable
way to remove the concrete from the mixer when a breakdown of the mixer or an
Operator's vehicle occurs under load. An Operator is not required to
participate in the removal of hardened concrete from the mixer save for the
operation and positioning of the mixer to assist in concrete removal.
14.
Communication Equipment
14.1 Installation
Of Communication Equipment
An Operator shall agree to the installation of two way
radio and any other communication equipment required by Boral in or on their
vehicle. All equipment shall be installed by Boral's approved technician and
such installation shall be of a professional standard. The installation shall
include all necessary equipment and the complete installation shall be
undertaken at no cost to an Operator.
Such equipment is to be positioned to an Operator's reasonable
satisfaction.
14.2 Removal
Of Communication Equipment
When such communication equipment is removed Boral
shall make good the bodywork.
14.3 Taking
Care Of The Communication Equipment
An Operator shall take due care to ensure adequate
protection of the communication equipment but shall not be liable for any theft
of it while the vehicle is in a Boral plant or any other approved location.
14.4 Operation
Of Communication Equipment
The communication equipment is to be properly operated
by Operators and appropriate procedures are to be followed as determined by
Boral following the undertaking of any relevant training (which should be
undertaken during working hours where practicable).
14.5 Maintenance
Of Communication Equipment
Boral shall be responsible for the maintenance of the
two way radio and other communication equipment.
14.6 Installation
And Removal During Normal Operating Hours
Installation or removal of communication equipment will
be carried out during normal working hours or at times agreeable to both
parties.
15.
Provision of Mixer
15.1 Provision
Of Mixer
Boral shall be responsible for the provision of a mixer
in accordance with the relevant mixer specification for an Operator's vehicle
configuration and its safe and proper initial fitting to their prime mover in
accordance with the specifications of the respective manufacturers including
the supply of "U" bolts, clearance lights, mud flaps and a protective
chassis/mixer cover plate mutually acceptable to Boral and the Operator.
15.2 Mixer
Removal By Boral
If a mixer is required by Boral to be removed at any
time for any reason, the total cost of mixer removal and replacement shall be
borne by Boral.
15.3 Mixer
Removal By Operator
If an Operator requires the mixer to be removed to
effect repairs that cannot be otherwise effected without the removal of the
mixer, then the total cost of the mixer removal and replacement shall be borne
by Boral provided that such repairs are not for the purpose of painting,
inspection, sandblasting, or repairing or modifying the prime mover chassis.
15.4 Responsibility
After Fitting
After the initial fitting referred to in clause 15.1 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 tights, globes and mud flaps and statutory signs. Mud flaps shall
be supplied to an Operator by Boral free of charge.
15.5 Adjustment
Of U Bolts
(a) By mutual agreement an Operator may have
the "U" bolts adjusted by a qualified mechanic and the costs incurred
shall be paid by Boral provided that Boral's workshop shall have the
opportunity of undertaking the adjustments.
(b) Boral shall pay to an Operator a
transfer fee at the rate of item (F) of Schedule 1 for the first kilometre (or
part kilometre) and then ½ (F) per half kilometre thereafter (rounded up to the
nearest half kilometre) to and from the workshop.
15.6 Removal
Of Mixer On Termination Of Engagement
(a) The mixer shall remain the property of
Boral and on completion of its use at the termination of an Operator's
engagement it shall be removed by Boral at a location nominated by Boral at a
time mutually agreed between the Operator and Boral but in any event, within
forty eight (48) hours.
(b) Boral shall pay to an Operator a
transfer fee at the rate of item (F) of Schedule 1 per km or part thereof to
and from the nominated location.
(c) An Operator shall be paid at the rate of
item (L) of Schedule 1 per hour by Boral for such time involved in the removal
of the mixer from their vehicle where such time involved is for a period
greater than four (4) hours at the nominated location.
15.7 Provision
Of Crank Shaft Protection
Boral shall be responsible for the provision of a crank
shaft protection mechanism located between the hydraulic drive and the power
take off unit.
15.8 Modifications
etc To Mixer
All modification and fitting work to the mixer is to be
done expeditiously and in any case not longer than five (5) working days. Boral
shall pay an Operator item (L) of Schedule 1 per hour, limited to eight (8)
hours per day for each day so detained in excess of the five (5) working days
limit. To avoid any doubt, during such modification and fitting work the
Operator will continue to be paid their monthly retainer.
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 as far as practicable 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 Reporting
Mixer Maintenance Requirements
An Operator shall report any and all apparent mixer
maintenance requirements to Boral who shall undertake any required repairs as
soon as reasonably practicable.
16.4 Mixer
Repairs
(a) An Operator shall convey the mixer to
the workshop for repairs or maintenance as requested by Boral.
(b) An Operator shall be paid for transfers
to and from the workshop at the rate of item (F) of Schedule 1 per km or part
thereof and the forward and return journey shall be treated separately. A means
shall be provided by Boral at Boral's cost to convey the Operator to their
place of residence or plant whichever is the lesser distance and return them to
the workshop as and when required.
16.5 Minor
Maintenance Of Mixer
(a) The Operator shall be responsible for
all minor maintenance of the mixer to the satisfaction of Boral, such as
topping up oil.
(b) Subject to the provisions of clause 15
all spare parts, and specialised tools, materials and equipment for the mixer
shall be provided by Boral.
(c) Boral shall be responsible to provide
regular maintenance and servicing of the hydraulic components on any hydraulic
mixer in accordance with the manufacturer's recommendations.
16.6 Removal
Of Hardened Concrete
(a) It is the Operator's responsibility to
inform Boral if concrete build up impedes the carrying capacity and or mixing
efficiency.
(b) Subject to clause 16.6(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's mixer requires de‑dagging
more than twice in a calendar year, they shall be responsible for such de‑dagging
unless in the period since the last de‑dagging the Operator carted more
than 30% of their loads in excess of 50 mpa, low slump concrete, kerb mix
and/or no fines in which case Boral shall be responsible for the de‑dagging.
(c) All de-dagging work will be conducted
outside normal working hours or otherwise by mutual agreement between an
Operator and Boral.
(d) All de‑dagging will be completed
as soon as practicable.
16.7 Major
Maintenance Of Mixer
Boral shall be responsible for all major mixer
maintenance. Such repair or maintenance requirements will be carried out
wherever practicable outside normal operating hours and all work will be
completed as soon as practicable and without delay.
16.8 Provision
Of Fuel For The Mixer
An Operator is responsible for the provision of the
fuel to run the mixer.
16.9 Parking
Of Mixer
Boral's mixer is to be parked only in places approved
by Boral. An Operator is not responsible for any loss or damage to Boral's
mixer when so parked. Where approval is not given for the mixer to be parked at
a location requested by an Operator, then the Operator assumes responsibility
for all loss and damage to Boral's mixer when so parked.
16.10 Damage
To Mixer
Subject to clause 16.9, an Operator shall be
responsible for any damage to the mixer except where such damage is caused by
Boral, its servants or agents.
16.11 Cease
Using The Mixer For Repairs, Servicing Etc
An Operator must stop using the mixer (or any part of
it) if Boral so directs because in Boral's opinion that is appropriate pending
the carrying out of any repairs provided that if an Operator's vehicle is
required for more than two working days to carry out the repairs they 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. To avoid any doubt, during such repairs the Operator will
continue to be paid their monthly retainer.
16.12 Replacement
Of Mixer
If Boral decides to replace an Operator's mixer they
must make their vehicle available provided that if their vehicle is required
for more than five working days to carry out the replacement they 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. To avoid any doubt, during such replacement work the
Operator will continue to be paid their monthly retainer.
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.
To avoid any doubt, during such time the Operator will
continue to be paid their monthly retainer.
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 shall 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. To avoid any doubt, during such
time the Operator will continue to be paid their monthly retainer.
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.
17.10 Transport
A means shall be provided by Boral at Boral's cost to
convey the Operator to their place of residence or plant whichever is the
lesser distance and return them to the paint shop as and when required.
18.
Delegates
18.1 Recognition
An Operator appointed as Yard Delegate shall upon
notification thereof to Boral by the Branch or Sub Branch Secretary of the
Union, be recognised as the accredited representative of the Union.
18.2 Use
Of Facilities
The appointed Union Delegate or Executive Delegate
shall be provided with reasonable access to and use of a telephone free of
charge for Union matters, provided that Boral's site staff are consulted.
19.
Nominated Driver
19.1 Use
Of Nominated Driver
Except as expressly provided in this Contract
Determination an Operator shall:
(a) only use a
nominated driver who is approved by Boral having satisfactorily undertaken any
assessment, testing their suitability to be a nominated driver; and
(b) use their best
endeavours to make sure that no one except the nominated driver drives their
vehicle for the cartage work or operates the mixer.
Notation:
This clause applies to both nominated and relief
drivers. Boral will pay for any assessment arising from clause 19.1 (a) but an
Operator shall pay for the nominated driver's time in attending the assessment.
Any person driving an Operator's vehicle prior to the
commencement of this Part B will not be required to undertake any assessment
arising from clause 19.1(a).
19.2 Licences
An Operator shall:
(a) make sure that
the nominated driver is at all times the holder of a current driver's licence
appropriately endorsed or issued in respect of their vehicle and:
(i) immediately
notify Boral if that licence is cancelled or suspended for any reason; and
(ii) present that
license to Boral upon request if needed to confirm that it is not cancelled or
suspended; and
(b) make sure that the nominated driver
obtains any site safety induction card for construction/building site access.
19.3 Nominated
Driver Fitness For Work
An Operator shall:
(a) ensure that the nominated driver is at
all times fit to perform the cartage work;
(b) every twelve months supply Boral with
written confirmation from a medical practitioner, that the nominated driver is
medically fit to perform the cartage work; and
(c) pay for the cost of any such medical
provided that Boral will pay the cost if the nominated driver attends a medical
practitioner of Boral's choosing.
19.4 Use
Of Relief Driver
If the nominated driver cannot drive through illness or
for other good reason, an Operator may use a relief driver but an Operator
shall first obtain Boral's approval for the relief driver.
An Operator shall:
(a) make sure that the relief driver is at
all times the holder of a current driver's licence appropriately endorsed or
issued in respect of their vehicle and:
(i) immediately
notify Boral if that licence is cancelled or suspended for any reason; and
(ii) present that
license to Boral upon request if needed to confirm that it is not cancelled or
suspended;
(b) make sure that the relief driver obtains
any site safety induction card for construction/building site access; and
(c) ensure that the relief driver is at all
times fit to perform the cartage work.
20.
Uniforms
20.1 Dress
The nominated driver (and any relief driver) shall
maintain an acceptable neatness of dress and appearance.
20.2 Uniform
(a) Boral shall issue each Operator with a
standard uniform issue and the nominated driver (and any relief drier) shall
wear the uniform when performing cartage work.
(b) Standard uniform issue shall be to a
maximum of:
(i) 5 shirts;
(ii) 2 trousers or
3 shorts;
(iii) 3 pairs of
socks;
(iv) 1 pair of steel
capped boots (to be replaced on an exchange basis); and
(v) jacket.
Notation: Double the issue of items (i), (ii) and (iii)
when first issued.
20.3 Wet
Weather Gear
Wet weather and safety gear is to be supplied in
accordance with the Award by Boral and will be replaced on an exchange basis.
20.4 Uniform
Replacement
Replacement of previously issued uniforms will be on
the basis of replacement on return of used items.
21.
Amenities
21.1 Entitlement
All amenities are to be not less than those enjoyed by
an employee driver. The appropriate facilities shall be maintained and kept
thoroughly clean and hygienic at all times by Boral. Operators shall conduct
themself in a tidy and appropriate manner and assist in meal room cleanliness.
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.
23.
Development and Training
23.1 Objects,
Purposes and Commitments
(a) Boral and the Operators aim to be the
best in the concrete business with a desire to meet and exceed Boral's
customer's requirements. This will result in skilled Operators with viable
businesses who will, enjoy being part of Boral's operations.
(b) In addition to the initial induction and
training at the time of engagement, Boral and the Operators recognise the
mutual benefits of and accept a greater commitment to, ongoing training and
development.
(c) Boral will organise and pay for the
costs of providing the necessary training, an Operator must attend. An Operator
will be paid at the rate of item (K) per kilometre of Schedule 1 if an Operator
is required to use their own vehicle.
(d) Training where possible, will be
structured to minimise the interference with an Operator's working day.
(e) Training which takes a full day will be
limited to 2 working days per annum. Payment for extensive training beyond this
will be a matter for negotiation and payment will be made at the rate specified
in item (L) of Schedule 1 plus reasonable expenses and travelling cost as in
clause 23.1(c).
(f) In addition, Boral will endeavour to
make voluntary training programs (aimed at assisting an Operator in their
business) available and these will be excluded from the provision of clause
23.1(b) to 23.1(e) inclusive.
(g) All training will be conducted within
the Sydney Metropolitan Area.
24.
Grievance and Disputes Procedure
24.1 Commitment
Boral, the Operators and the Union are jointly
committed to this procedure and will promote the resolution of
disputes/grievances by measures based on consultation, co operation and
discussion and avoid interruption to the performance of cartage work and the
consequential loss of production, earnings and profit.
24.2 Procedure
Mandatory
All disputes shall be dealt with under this Clause.
24.3 Steps
Step I
When there is a disagreement, an Operator shall attempt
to resolve the matter by negotiating with Boral or their representative on
site.
Step 2
Where the matter is not resolved, the Yard Operator
Delegate shall attempt to resolve the matter by negotiation with Boral or their
representative on site. An Operator's Executive delegate or an Operator's
representative may be party to further negotiations with Boral.
Step 3
If the matter remains unresolved an official of the
Union and/or an Operator's nominated representative shall be party to continued
negotiations with Boral.
Step 4
If the matter remains unresolved the Secretary,
Assistant Secretary, an Official of the Union or an Operator's nominated representative
may be party to continued discussions/negotiations with the relevant
representatives of Boral.
Step 5
If the matter is unresolved the matter will be notified
to the Industrial Relations Commission of New South Wales by the Union or Boral
pursuant to the Act.
24.4 Work
To Continue Normally
Cartage work shall continue normally while this
procedure is being followed and during all discussions, negotiations and any
proceedings about a grievance or matter in dispute.
25.
Consultative Committee
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 Contract
Determination 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.
26.
Continuous Improvement Process
26.1 Participation
In Continuous Improvement
In order to maintain and further develop Boral's
leading position in the pre mix concrete industry Operators will participate in
Boral's "Continuous Improvement Program" activities and processes.
The reduction of costs, consistency of quality and customer satisfaction are an
integral part of these activities and processes. Both Boral and the Operators
will work to ensure that Boral's quality system continues to achieve
certification to meet the relevant Australian Standard.
26.2 Payment
Any payment under this Clause will be as in Clause
23.1.
27.
Special Circumstances
27.1 Carting
In Other Than Mixer
Where an Operator is requested to cart concrete in
their vehicle other than with a mixer the cartage rate shall be negotiated
between Boral and the Operator at the relevant time provided that the rate so
negotiated is competitive with the prevailing market rate for such cartage.
27.2 Special
or Unique Circumstances
Boral, the Operators and the Union agree that, this
section will not apply to the overwhelming majority of work however where there
are special or unique circumstances applying on a specific project then Boral
and the Consultative Committee may agree on a special rate structure, on the
basis that it is in their mutual best interest. This Contract Determination
will be varied by the parties to give effect to any such agreement. If there is
no agreement reached then clause 27.2 shall not apply.
28.
Plant Stored Operator's Equipment
28.1 Provision
Of Space
Unless impracticable given the constraints in the plant
area, Boral shall provide sufficient space for the secure storage of Operator
equipment at their nominated plant that is reasonably necessary to assist in
the efficient and effective running of their vehicles.
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.
30.
Operating Procedures Etc
30.1 Obligations
An Operator shall perform the cartage work:
(a) (to avoid any doubt) in accordance with
this determination;
(b) in accordance with any day to day
directions given to them by Boral;
(c) in accordance with any procedures or
policies relevant to the performance of the cartage work provided that they
have been inducted into the policy or procedure and provided with a copy of it.
This includes the provision of a driver's handbook to be maintained by Boral
which will includes policies, and procedures;
(d) without jeopardising or damaging Boral's
business; and
(e) with due care and skill and in a proper,
thorough and professional manner.
30.2 Fines
The Operator is responsible for any fines or other
penalties imposed on them:
(a) if the maximum legal pay load carried
with their vehicle is exceeded at any time; or
(b) for any breach of any relevant laws
except when the Operator is fined for carrying mud or earth off a building or
construction site after discharging their load in which case Boral shall pay
any such fine provided that the Operator has complied with Boral's
environmental policy and procedures.
31.
Occupational Health and Safety
31.1 Obligation
To Perform The Cartage Work Safely
An Operator shall perform the cartage work safely and
in accordance with any legislative, regulatory requirements and Boral's
Occupational Health and Safety policy and procedures (provided that they have
been inducted into the policy or procedure and provided with a copy of it).
Responsibility and accountabilities of the Operator include but are not limited
to the following, to:
(a) co‑operate with any reasonable
request made by the site supervisor or manager to ensure compliance with the
OH&S Act and Boral policy to protect the health, safety and welfare of
persons at all times;
(b) comply with the requirements of the
Safety Management Plan responsibilities and accountabilities and associated
procedures;
(c) use equipment that is issued for
personal protection and ensure that it is maintained in proper order;
(d) regularly inspect their work environment
during the day and report any hazards to the site supervisor or manager and
take corrective action within the limit of their responsibility;
(e) participate in Emergency Response
practice sessions as organised on the site from time to time; and
(f) participate through the consultation
process i.e. yard meetings or Safety Management Plan review committee meetings
to review and implement the "Safety Management Plan" (To avoid any
doubt, during this time Boral will continue to pay the monthly retainer).
31.2 RTA
Requirements
An Operator must ensure that the nominated or relief
driver complies with the RTA's requirements related to the number of driving
hours and rest periods.
32.
Environmental
32.1 Obligations
An Operator shall perform the cartage work in
accordance with any legislative and regulatory environmental requirements and
Boral's environmental policy and procedures (provided that they have been
inducted into the policy or procedure and provided with a copy of it).
Responsibility and accountabilities of the Operator include but are not limited
to the following, to:
(a) co‑operate with any reasonable
request made by the plant or site supervisor or manager to ensure compliance
with the Environmental Act and Boral environmental policy;
(b) comply with the Clean Air Act
26(1), which refers to motor vehicles;
(c) prevent fresh concrete contaminating
roadways and cement slurry entering stormwater drains by ensuring chutes are
free of excess concrete or loose material prior to leaving the plant and job
site;
(d) not washdown on site without the
approval of the customer and only in areas designated by the customer;
(e) always wash out the mixer and discharge
slurry into wash out pits or contained areas; and
(f) from time to time participate in
meetings to, review and implement environmental procedures. The Operator will
be paid for all time spent in relation to duties associated with these meetings
in accordance with item (L) of Schedule 1. To avoid any doubt, during this time
Boral will continue to pay the monthly retainer.
33.
Good Faith
33.1 Boral
Obligation
(a) Boral may operate its business as it
sees fit in its own commercial interest, but must act in good faith, meaning
that Boral must not abuse a power or right under this Contract Determination or
otherwise to obtain an improper collateral benefit or objective.
(b) To avoid any doubt this extends to the
use of related companies to perform its cartage work.
34.
Operator's Rights
34.1 Rights
It is an Operator's right:
(a) to be treated fairly and courteously by
all Boral's personnel;
(b) to access cartage work in accordance
with the Access To Cartage Work System set out in Annexure 5;
(c) if an Operator considers themself to
have been treated unfairly in the allocation of work to sight the relevant
Boral documentation at a mutually agreed time;
(d) where Boral provides an Operator with
the mixer, for the mixer to be adequately maintained by Boral so that an
Operator is not hampered by excessive mixer downtime;
(e) in the event of a dispute over any
matter, to have the opportunity to present their case to Boral and be
impartially judged and to also be represented by their Union delegate or
official if requested;
(f) to consult with the Area Manager in the
presence of the delegate regarding work load/plant trucking; and
(g) to be able to report any improper
conduct without fear of reprisal.
35.
Mixer Ownership
35.1 Applicable
Conditions
(a) A number of Operators own their own
mixer and they may continue to operate with their own mixer under this Part B.
Set out in Annexure 2 are terms and conditions that apply to these Operators in
lieu of the stated provisions in the main body of this Part B.
(b) In addition to any other rates payable
when an Operator owns their own mixer an Operator shall receive the rate in
Schedule 1 (I) per load. To avoid any doubt this is a flat payment and attracts
no other premium, penalty or surcharge.
(c) An operator who owns their mixer may
elect to change to a Boral owned mixer with 3 months notice.
36.
Other Conditions
36.1 Reference
For conditions of engagement of Operators other than
those contained in this Part B (such as termination, severance, redundancy,
assignment etc) refer to an Operator's Head Contract executed between them and
Boral.
37.
Leave Reserved
37.1 Matters
Leave is reserved to the parties to apply as they see
fit in relation to:
(a) insurance cover relating to underground
work.
schedule 1
RATES
As at 1st of June 2006
|
Item
|
Description
|
Unit
|
Six Wheeler
|
Eight Wheeler
|
|
|
|
|
$
|
$
|
|
A
|
Retainer
|
Per Month
|
4,406
|
4,853
|
|
B
|
Load Fee
|
Per Load
|
43.60
|
48.90
|
|
C
|
Kilometre Rate
|
Per km
|
2.20
|
2.54
|
|
D
|
Mixing In Yard
|
Per Load
|
43.60
|
48.90
|
|
E
|
Waiting Time
|
Per Minute
|
1.26
|
1.40
|
|
F
|
Transfer Fee
|
Per km
|
1.10
|
1.27
|
|
G
|
Standby Time
|
Per Half Hour
|
15.84
|
16.55
|
|
H
|
Out of House Surcharge
|
|
|
|
|
|
(Mon - Sat)
|
Per Load
|
31.68
|
33.10
|
|
I
|
Own Mixer Rate
|
Per Load
|
10.54
|
12.65
|
|
J
|
Agitating Fee
|
Per Minute
|
1.26
|
1.40
|
|
K
|
Car Travelling
|
Per km
|
0.68
|
0.68
|
|
L
|
Labour Hire
|
Per Hour
|
15.84
|
16.55
|
|
M
|
Out of Hours Surcharge
|
|
|
|
|
|
(Sun - Public Hol)
|
Per Load
|
39.60
|
41.38
|
|
N
|
Call Out Fee
|
Fee
|
126.72
|
132.40
|
schedule 2
MONTHLY
RETAINER
1. Monthly
Retainer Payment
1.1. Payment
Subject to this Schedule, Boral shall pay an Operator
the relevant monthly retainer payment each month as set out in Schedule 1.
1.2. Requirement to
Work Regular Days
An Operator must be available to perform the cartage
work on the regular days from their allocated start time and until rostered off
by Boral. If they are not then their monthly retainer for the next month shall
be reduced by the relevant retainer reduction factor for each regular day they
are not available to perform the cartage work from their allocated start time
and until rostered off by Boral.
1.3. Final Monthly
Retainer Payment
If an Operator's engagement ends or is terminated then
Boral may deduct from any cartage payment owing to the Operator any amount
overpaid on account of a monthly retainer paid in advance by Boral.
1.4. Meanings:
For the purposes of this Schedule the following
meanings shall apply:
"regular days" see definition in Dictionary
(refer Clause 1)
"retainer reduction factor"
Six Wheeler Vehicle: The dollar amount determined by
multiplying the six wheeler retainer rate (Schedule I Item A) by 12 then
dividing this total by 290.
Eight Wheeler Vehicle: The dollar amount determined by
multiplying the eight wheeler retainer rate (Schedule 1 Item A) by 12 then
dividing this total by 290.
schedule 3
RATE
REVIEW & COST ITEMS as at 1st of June
2006
The following is a list of items that constitute the true
cost model, the total cost for these items at the start of this Part B and the
base cartage information on which initial rates have been developed.
|
Item #
|
Description
|
|
6 wheeler
|
|
8 wheeler
|
|
1
|
Annual Wage
|
$
|
$31,299.84
|
$
|
32,702.80
|
|
2
|
Slump Allowance
|
$
|
$912.96
|
$
|
912.96
|
|
3
|
Workers Compensation
|
$
|
3,170.63
|
$
|
3,310.06
|
|
4
|
Annual Leave Loading
|
$
|
601.92
|
$
|
628.90
|
|
5
|
Long Service Leave
|
$
|
521.66
|
$
|
545.05
|
|
6
|
Superannuation
|
$
|
2,816.99
|
$
|
2,943.25
|
|
7
|
Casual Labour
|
$
|
2,640.69
|
$
|
2,757.35
|
|
8
|
Full Comprehensive Vehicle Insurance
|
$
|
1,974.00
|
$
|
2,358.00
|
|
9
|
Public Liability Insurance
|
$
|
420.00
|
$
|
420.00
|
|
10
|
Sick & Accident Insurance
|
$
|
1,058.00
|
$
|
1,058.00
|
|
11
|
Vehicle Funding
|
$
|
17,907.48
|
$
|
21,393.55
|
|
12
|
Registration Costs
|
$
|
1,088.03
|
$
|
2,423.09
|
|
13
|
Green Slip
|
$
|
1,704.55
|
$
|
1,704.55
|
|
14
|
Stamp Duty
|
$
|
593.36
|
$
|
709.93
|
|
15
|
Other Costs
|
$
|
3,779.52
|
$
|
3,779.52
|
|
16
|
Overtime Labour
|
$
|
16,156.80
|
$
|
16,881.00
|
|
17
|
Return on Asset
|
$
|
15,173.00
|
$
|
17,419.00
|
|
18
|
Fuel
|
$
|
12,201.13
|
$
|
11,935.98
|
|
19
|
Tyres
|
$
|
2,248.73
|
$
|
2,788.95
|
|
20
|
R&M
|
$
|
9,385.00
|
$
|
10,392.00
|
|
|
TOTAL
|
$
|
125,654.29
|
$
|
137,063.94
|
|
Base Cartage Information
|
|
|
|
Average Loaded Kilometres
|
9.0
|
8.5
|
|
Loaded Kilometres Total
|
10855
|
9887
|
|
Total Kilometres Travelled
|
21710
|
19774
|
|
Average m3 per load
|
4.9
|
5.7
|
|
Loads Per Annum
|
1206
|
1163
|
|
Average Productivity
|
5910
|
6630
|
1. Review
Period
(a) The following rate items are to be
reviewed each January (annual review) and July (six month review), with the
corresponding rate items in Schedule 1 impacted by the review adjusted on the
1st of February and the 1st of August each year respectively.
|
Item #
|
Description
|
|
18
|
Fuel
|
|
19
|
Tyres
|
The July review will involve the sourcing of prices as
at the 30th June. Base cartage information will not be reviewed.
Prices far the January review will be based on prices
as at the 31st of December and a review of the base cartage information.
(b) The following rate items are to be
reviewed in January each year with the corresponding rate items in Schedule 1
impacted by the review adjusted on the 1st February each year.
|
Item #
|
Description
|
|
1
|
Annual Wage
|
|
2
|
Slump Allowance
|
|
3
|
Workers Compensation
|
|
4
|
Annual Leave Loading
|
|
5
|
Long Service Leave
|
|
6
|
Superannuation
|
|
7
|
Casual Labour
|
|
8
|
Full Comprehensive Vehicle Insurance
|
|
9
|
Public Liability Insurance
|
|
10
|
Sick and Accident Insurance
|
|
12
|
Registration Costs
|
|
13
|
Green Slip
|
|
15
|
Other Costs
|
|
16
|
Labour Overtime
|
|
17
|
Return on Asset
|
|
20
|
Repair and Maintenance
|
Prices for the January review will be based upon prices
as at the 31st of December and a review of the base cartage information.
(c) The following items are to be reviewed
every 7 years with the corresponding rate components impacted by the review
adjusted on the 15th of July following the review.
|
Item #
|
Description
|
|
11
|
Vehicle Funding
|
|
14
|
Stamp Duty
|
(d) Despite the
provisions in (b) above, should the Award be varied those items affected by any
such variation shall be reviewed as:
(i) part of the
January review if the variation is effective in November or December;
(ii) part of the
July review if the variation is effective in May or June; or
(iii) a separate
review effective 30 days after the variation is effective if the variation
occurs in a month other than November, December, May or June.
1.1 Base Cartage
Information Sources
Base cartage information is specific to a particular
vehicle configuration for example loads per annum might be 1,300 for six
wheelers and 1,250 for eight wheelers. The data gathered should be for the
Operator fleet only for the 12 month period prior to the annual review in
January (1st January to 31st December) and exclude work done by company
vehicles and fleet owners. Information is based on Boral records for vehicles
which have worked a minimum of 90% of the period from which the cartage
information will be sourced.
(a) Loads Per Annum ‑ is the average
number of loads per annum.
(b) Loaded Kilometres ‑ is the average
docketed distances to the customers job site for delivery, this figure excludes
any kilometres travelled for transfers.
(c) Loaded Kilometres Total ‑ is the
average total loaded kilometres travelled. This can be expressed as (Loads Per
Annum x Loaded Kilometres).
(d) Total Kilometres Travelled ‑ is
the total round trip distance excluding any kilometres travelled on transfers.
This can be expressed as Loaded Kilometres Total x 2.
1.2 Description of
Review & Calculations
(a) Rate Component A = Retainer
The annual retainer payment is set at 75% of the sum of
the following fixed cost items (Total Fixed Costs). To determine the monthly
payment 75% of the Total Fixed Cost is divided by 12 (months). The remaining
25% of the Total Fixed Cost is used to determine the incentive component added
to the load fee.
This calculation must be done for each vehicle
configuration with applicable source data.
|
Item #
|
Description
|
Rate Review Method
|
|
1
|
Annual Wage
|
Percentage
Increase/Changes in Award
|
|
|
|
Rate
|
|
2
|
Slump Allowance
|
Change In Actual
Cost
|
|
3
|
Workers
Compensation
|
Change In Actual
Cost
|
|
4
|
Annual Leave
Loading
|
Varied by changes
to Award
|
|
5
|
Long Service Leave
|
Varied by changes
to Award
|
|
6
|
Superannuation
|
Change In Actual
Cost
|
|
7
|
Casual Labour
|
Change In Actual
Cost
|
|
8
|
Full Comprehensive
Vehicle Insurance
|
Change In Actual
Cost
|
|
9
|
Public Liability
Insurance
|
Change In Actual
Cost
|
|
10
|
Sick &
Accident Insurance
|
Change In Actual
Cost
|
|
11
|
Vehicle Funding
|
Reviewed every 7
years
|
|
12
|
Registration Costs
|
Change in Actual Cost
|
|
13
|
Green Slip
|
Change In Actual
Cost
|
|
14
|
Stamp Duty
|
Reviewed every 7
years
|
|
15
|
Other Costs
|
Based on item
varied by either
|
|
|
|
Consumer Price
Index or Change in
|
|
|
|
Actual Costs
|
Retainer Formula
Item 1 + Item 2 + Item 3 + Item 4 + Item 5 + Item 6 +
Item 7 + Item 8 + Item 9 + Item 10 + Item 11 + Item 12 + Item 13 + Item 14 +
Item 15 = Total Fixed Cost
Total Fixed Cost x 75% = Annual Retainer Payment
Annual Retainer Payment / 12 = Component A of Schedule
1 (Retainer Per Month)
Example Six Wheeler
$31,299.84 + $912.96 + $3,170.63 + $601.92 + $521.66 +
$2,816.99 + $2,640.69 + $1,974.00 + $420.00 + $1,058.00 + $17,907.48 +
$1,088.03 + $1,704.55 + $593.36 + $3,779.52 =
$70,489.63 (Total Fixed Costs)
$70,489.63 x 75% = $52,867.22 (Annual Retainer Payment)
$52,867.22 / 12 = $44,05.60 (Monthly Retainer Payment)
2 Description
of Items Composing Retainer
2.1 Item 1‑Annual
Wage
Description ‑this is the annual base wage paid to
the driver. The grade used varies by configuration with the appropriate level selected
from the award based on vehicle specification. These rates are reviewed
annually.
(a) Source:
|
Transport Industry State Award
|
|
Six Wheeler
|
-
|
Transport Worker Grade 4
|
|
Eight Wheeler
|
-
|
Transport Worker Grade 5
|
(b) Formula
Award Rate Per Week x 52 weeks = Item I
(c) Six Wheeler Example:
52 X $601.92 = $31,299.84
(d) Review
With the implementation of the new Federal Workchoices
Legislation there is some uncertainty regarding future movements in State
Awards. It has been agreed that a fixed
rate increase on the existing State Award rate will be applied over the next
three years to provide some security in wage movements. The Labour Rate will be
sourced from the Transport Industry State Award as at the 1st of January 2006
with increases applied to this rate as follows:
(a) July 2006
review 4% increase
(b) July 2007
review 4% increase.
(c) July 2008
review 4% increase.
These increases are presented in the table below.
|
|
6 Wheeler Rate Per
Hour
|
8 Wheeler Rate Per
Hour
|
|
Current Rate
|
$15.84
|
$16.55
|
|
01-July-2006
|
$16.47
|
$17.21
|
|
01-July-2007
|
$17.13
|
$17.90
|
|
01-July-2008
|
$17.82
|
$18.62
|
|
|
6 Wheeler Rate Per
Week
|
8 Wheeler Rate Per
Week
|
|
Current Rate
|
$601.92
|
$628.90
|
|
01-July-2006
|
$625.86
|
$653.98
|
|
01-July-2007
|
$650.94
|
$680.20
|
|
01-July-2008
|
$677.16
|
$707.56
|
Increases beyond 2008 will be discussed with LOD
representatives and if agreement cannot be reached on a suitable increase the
appropriate Award Rate covering Concrete Carters will be used for rate
calculations or the July 2008 rate which ever is the higher.
2.2 Item 2 ‑
Slump Allowance
Description ‑ the allowance paid to concrete
drivers as described in the award. This calculation is the same across all
vehicle configurations and is reviewed annually
(a) Source:
Transport
Industry State Award
Weeks paid 48 (52 weeks minus 2 weeks annual leave and
2 weeks for casual)
(b) Formula
Award Slump Allowance Per Week X 48 weeks = Item 2
(c) Six Wheeler Example:
$19.02 X 48 weeks = $912.96
(d) Review
With the implementation of the new Federal Workchoices
Legislation there is some uncertainty regarding future movements in State
Awards. It has been agreed that a fixed rate increase on the existing State
Award rate will be applied over the next three years to provide some security
in wage movements. The Labour Rate will be sourced from the Transport Industry
State Award as at the 1st of January 2006 with increases applied to this rate
as follows:
(a) July 2006
review 4% increase
(b) July 2007
review 4% increase
(c) July 2008
review 4% increase
These increases are presented in the table below.
|
|
Slump Allowance
|
|
Current Rate
|
$19.02
|
|
01-July-2006
|
$19.78
|
|
01-July-2007
|
$20.57
|
|
01-July-2008
|
$21.39
|
Increases beyond 2008 will be discussed with LOD
representatives and if agreement cannot be reached on a suitable increase the
appropriate Award Rate covering Concrete Carters will be used for rate
calculations or the July 2008 rate which ever is the higher.
2.3 Item 3 ‑
Workers Compensation
Description ‑ allowance for workers compensation
based on government requirements. The total will vary based on vehicle
configuration and is reviewed annually
(a) Source:
Government
Regulated Allowance for concrete slurry manufacturing Calculated on
total labour cost (sum of annual wage, overtime, slump allowance).
(b) Formula
(Item l + Item 16 + Item 2) x Workers Compensation
Allowance = Item 3
(c) Six Wheeler Example:
($31,299.84 + $912.96 + $16,157) x 6.555% = $3,170.63
2.4 Item 4 ‑Annual
Leave Loading
Description ‑ based on award allowance for annual
leave loading. Drivers have been allocated 4 weeks annual leave. This value
will vary based on vehicle configuration and is reviewed annually.
(a) Source: Transport Industry State Award
(b) Formula
Award Weekly Wage X Award Leave Loading = Weekly Leave
Allowance
4 x Weekly Leave Allowance = Item 4
(c) Six Wheeler Example
$601.92 (weekly wage) x 25% (award allowance) = $150.48
4 (weeks) x $150.48 = $601.92
2.5 Item 5 ‑
Long Service Leave
Description ‑ allowance for allocation of monies
for long service leave. This value will vary by vehicle configuration and is
reviewed annually.
(a) Source:
Long Service
Leave Act as amended
(b) Formula
13 (weeks)/15 (years) = Long Service Leave %
Award weekly wage X Long Service Leave % = Item 5
(c) Six Wheeler Example:
13 weeks/15 years = 86.6%
$601.92 (weekly wage) X 86.6% = $521.66
2.6 Item 6 -
Superannuation
Description ‑ payment of superannuation based on
statutory requirements. This value will vary by vehicle configuration (due to
difference in labour rates) and is reviewed annually.
(a) Source:
Superannuation
Guarantee Administration Act employer funded % superannuation contribution
percentage
Labour Costs is
the annual wage component only from Award
(b) Formula
Item 1 x superannuation % = Item 6
(c) Six Wheeler Example
$31,299.84 (annual wage) x 9% (super %) = $2,816.99
2.7 Item 7 ‑
Casual Labour
Description ‑ allowance for casual labour when
driver is on two weeks approved annual leave and their vehicle is required to
work. For the remaining two weeks annual leave it has been determined that the
vehicle will not be required. This calculation will vary by vehicle
configuration and is subject to annual review.
(a) Source:
The two weeks
leave and hours worked component are fixed.
Transport Industry State Award with rates by vehicle
grade
Casual rate for normal hours is Award rate +15% plus
1/12 leave loading
Casual Rate for overtime is Award rate +15%
Superannuation & Workers Compensation calculations
use the same methods
described previously taking into account rates
applicable for casual labour
(b) Calculation:
(i) A x B = C
(ii) {C +(C x
1/12)} = D
(iii) E x D = J
(iv) (C x 1.5) x F =
K
(v) (C x 2) x G = L
(vi) J+K+L+H=M
(vii) J x N = O
(viii) M x P = Q
(ix) (M + O + Q) x
I = Item 7
|
A = Rate Per Hour (Award Grade)
|
B = Casual Labour Loading (15%)
|
|
C = Standard Casual Rate Per Hour
|
D = Rate With Leave Loading
|
|
E = Standard Hours Per Week (38)
|
F = Hours at Time & half per week (9.6)
|
|
G = Hours At Double Time (4)
|
H = Slump Allowance Per Week
|
|
I= # of weeks for casual
|
J = Casual Weekly Wage Total
|
|
K = Time and Half Weekly Total
|
L = Double Time Weekly Total
|
|
M = Total Per Week
|
N = Superannuation Rate (= B item 6)
|
|
O = Per week Super Total
|
P = Workers Comp %
|
|
Q = Per week workers comp
|
|
(c) Six
Wheeler Example
|
Casual Labour Costs
|
|
|
|
|
Rates
|
|
Weekly Rates Calculation
|
|
|
|
|
|
Rate
|
$
|
15.84
|
|
Normal Hrs
|
3.8
|
Rate
|
$
|
19.73
|
$
|
749.89
|
|
loading
|
|
15%
|
|
1.5 hours
|
9.6
|
|
$
|
27.32
|
$
|
262.31
|
|
standard
|
$
|
18.22
|
|
2 hours
|
4
|
|
$
|
36.43
|
$
|
145.73
|
|
Leave Loading Per Hour
|
$
|
1.52
|
|
|
51.6
|
|
|
|
|
1,157.93
|
|
annual leave loading
|
$
|
19.73
|
|
|
|
|
|
|
|
|
|
|
|
Totals
|
Per
Week
|
|
|
weeks
|
|
2
|
$
|
2,315.86
|
|
|
$
|
151.80
|
$
|
75.90
|
|
|
Slump
|
|
2
|
$
|
38.04
|
|
|
$
|
134.98
|
$
|
67.49
|
|
|
|
|
|
$
|
2,353.90
|
|
|
$
|
2,640.69
|
$
|
1,320.34
|
|
|
|
|
|
|
|
2.8 Item 8 ‑
Full Comprehensive Insurance
Description ‑ cost of insuring vehicle based on
the value of the vehicle. Value will vary based on vehicle configuration and is
subject to annual review.
(a) Source: Quote sourced from agreed
supplier. Vehicle value used for the quotation will be based upon the latest
Glass's guide valuation at average price level for the initial vehicle
specified
(b) Six Wheeler Example
If three years into the contract the Transport Manager
will source a quote for a three year old six wheeler Iveco at the average
Glass's guide value.
2.9 Item 9 ‑
Public Liability Insurance
Description ‑ costs of public liability insurance
to cover value specified in the contract determination under clause 7.3 of Part
B. Value will not vary based on vehicle configuration and is subject to annual
review.
(a) Source:
Quote sourced
from agreed supplier
(b) Example
$420 quoted rate
2.10 Item 10 ‑
Sick and Accident Insurance
Description ‑ based on $700 per week with 7 day
excess. Value will not vary based on vehicle configuration and is subject to
annual review.
(a) Source:
Quote sourced
from agreed supplier
(b) Example
$1,058
2.11 Item 11 ‑
Vehicle Funding
Description ‑Vehicle funding is based upon a
seven year fixed interest rate loan. With costs determined by taking into
account the payment of the principle, interest charged and resale value of the
vehicle to provide a value for the cash cost of funding. Value will vary based
on vehicle configuration and is not subject to review until the end of the
first term.
(a) Source: Compound interest calculation
based on fixed rate of 7.95% over 7 years (NAB), purchase price of vehicle
based on Operator price for configuration from Boral's current supplier, agreed
vehicle disposal value determined at the end of the seven year term. Value
varies by vehicle configuration.
(b) Formula
A - B = C
C/D = Item 11
|
A = Cost of vehicle and Interest
|
B = Disposal Value of Vehicle
|
|
C = Cash cost
|
D = Years (7 years)
|
(c) Six Wheeler Example
CASH COST OF HOLDING VEHICLE
IVECO 6X4 ULTRA LIGHTWEIGHT AUTO
|
|
|
Interest (based on 7.95%)
|
|
|
$
|
$
|
|
Purchase
|
138,450
|
|
|
Year 1
|
|
10,451
|
|
Year 2
|
|
9,171
|
|
Year 3
|
|
7,785
|
|
Year 4
|
|
6,302
|
|
Year 5
|
|
4,663
|
|
Year 6
|
|
2,906
|
|
Year 7
|
|
1,004
|
|
Total Payment
|
$
|
180,732
|
|
Cost of Cash
|
180,732
|
|
|
Disposal Value at
End of 7
|
55,380
|
|
|
Cash cost total
|
125,352
|
|
|
Years
|
7
|
|
|
Per Annum
|
17,907.48
|
Fixed value for term of
|
|
|
|
contract
|
Eight Wheeler
Example
|
|
|
Interest
(based on 7.95%)
|
|
|
$
|
$
|
|
Purchase
|
165,650
|
|
|
Year 1
|
|
12,500
|
|
Year 2
|
|
10,961
|
|
Year 3
|
|
9,294
|
|
Year 4
|
|
7,510
|
|
Year 5
|
|
5,539
|
|
Year 6
|
|
3,425
|
|
Year 7
|
|
1,137
|
|
Total Payment
|
$
|
180,732
|
|
Cost of Loan
|
216,015
|
|
|
Disposal Value at End of
|
66,260
|
|
|
Cash cost total
|
149,755
|
|
|
Years
|
7
|
|
|
Per Annum
|
21,393.55
|
|
2.12 Item 12 ‑
Registration Costs
Description ‑ registration of vehicle. Will vary
based on vehicle type and is subject to annual review.
(a) Source: Roads and Traffic Authority
(b) Six Wheeler Example
$1,088.03
2.13 Item 13 ‑
Green Slip
Description ‑ compulsory third party insurance
can vary by vehicle type and is subject to annual review.
(a) Source:
Qualified
insurer sourced by Transport Manager.
(b) Six Wheeler Example
$1,704.55
2.14 Item 14 ‑
Stamp Duty
Description ‑ tax applied for purchase of new
vehicle as specified at start of contract. Will vary based on vehicle type and
is not subject to review until the end seventh year.
(a) Source: Based upon government charge and
initial purchase price
(b) Six Wheeler Example
$138450.00 x 3.0% = $4,153.50
$4,153.50 / 7 = $593.36
2.15 Item 15 ‑
Other Costs
Description ‑ other fixed costs associated with
operating business do not vary based on vehicle type. Costs are reviewed
annually with filing fees and drivers licence costs based upon variations in
the actual costs. Remaining items will be indexed each year on the 1st of
February by the percentage variation in the ABS Sydney All Groups Consumer
Price Index for the preceding 12 month period (January ‑ December).
(a) Source Components
(i) Drivers
Licence ‑ RTA fee
(ii) Filing
Fee =
government statutory charge
(iii) Accounting
Fee, Street Directory, Postage, Telephone, Medical, Bank Charges, Minor Truck
Damage, Entity Formation.‑ based on prices at the start of contract.
(b) Formula
(i) Drivers
Licence = RTA fee
(ii) Filing Fee =
sourced from government statutory charge
(iii) Accounting
Fees + Street Directory + Postage + Telephone + Medical + Bank Charges + Minor
Truck Damage + Entity Formation = Other Costs
(iv) Other Costs x
CPI % increase = CPI review other casts
(v) Drivers Licence
+ Filing Fee + CPI review other casts = Item IS Total
Example
Annual Drivers
Licence price = $39.00
Filing Fees=
$200
|
Accounting Fees
|
$
|
2,604.40
|
|
Street Directory
|
$
|
40..63
|
|
Entity Formation
|
$
|
156.26
|
|
Postage
|
$
|
22.92
|
|
Telephone
|
$
|
166.68
|
|
Medical
|
$
|
112.09
|
|
Bank charges
|
$
|
125.01
|
|
Minor Damage
|
$
|
312.53
|
|
OTHER COSTS TOTAL
|
$
|
3,540.52
|
CPI increase = 2%
$3,540.52 x 1.02 = $3,611.33 $3,611.33 + $39 + $200 =
$3,850.33
3. Rate Component B =
Load Fee
The load fee is the sum of the per load rates for overtime,
return on asset and incentive payment. Will vary based on vehicle configuration
and is reviewed annually.
|
Item
|
Description
|
Rate Review Method
|
|
|
|
|
|
16
|
Overtime
|
Change in Award Rate
|
|
17
|
Return on Asset
|
Sydney All Groups CPI
|
|
18
|
Incentive
|
Link To Movement In
|
|
|
|
Total Fixed Cost
|
LOAD FEE FORMULA
Overtime Total Cost / Loads Per Annum = Overtime Per Load
Rate
Average Return On Asset /Loads Per Annum = Return On Asset
Per Load Rate
Incentive Payment
Overtime Per Load Rate + Return On Asset Per Load Rate +
Incentive Payment Per Load = Component B Schedule 1 (Load Fee)
(a) Six Wheeler Example
(i) $16,157 /
1206 = $13.40
(ii) $15,173/ 1206
= $12.58
(iii) $17.62
(iv) $13.40 +
$12.58 + 17.62 = $43.60
DESCRIPTION OF ITEMS FOR LOAD FEE
3.1 Item 16 ‑
Overtime
Description ‑ calculation of overtime paid during
standard hours Monday ‑ Saturday. The total costs for item 16 is
converted into a per load charge. Will vary based on vehicle type and is
subject to annual review.
(a) Source: Rate Per Hour - Transport
Industry State Award & Labour Rate Review
Overtime ‑ fixed agreed hours (based on 10 hours
per week @ time and half Monday to Friday, 2 hours time and half Saturday and 5
hours double time double time Saturday, 230 standard working days and 45
Saturdays, Hours are then discounted by 20% to account for rostering).
|
Hours
|
Time & Half Hours
|
Double Time Hours
|
|
Six Wheeler
|
440
|
180
|
|
Eight Wheeler
|
440
|
180
|
(b) Review Formula
(i) A x 1.5 = B
(ii) A x 2 = C
(iii) B x D = E
(iv) C x F = G
E + G = H
(c) Six Wheeler Example
Time
H / I = Overtime Per Load Rate
A = Award Rate Per Hour
B = Time and Half Rate
C = Double Time Rate
D = Overtime @ Time & Half (440 hours)
E = Total $ @ Time and Half
F= Overtime @ Double Time (180 hours)
G = Total $ @ Double Time
H = Overtime Total Cost
I = Loads Per annum
(a) Six Wheeler Example
Time & Half Rate $15.84 x 1.5 = $23.76
Double Time Rate $15.84 x 2.0= $31.68
440 hours x $ = $10,454.40
180 hours x $31.68 = $5,702.40
$10,454.40 (Time & Half Cost) + $5,702.40 (Double
Time Cost) = $ 16,156.80 (overtime total cost)
$ 16,156.80 (overtime total cost) / 1206 (loads per annum) =$13.40 (Overtime Per Load
Rate)
3.2 Item 17 ‑
Returns on Asset
Initial Rate Development ‑ calculated based upon
an agreed return on the depreciated value of the vehicle. The return on assets
total is developed based upon a premium above the standard term deposit rate.
The agreed total return at the start of the contract will be indexed each year
on the 1st of February by the percentage variation in the ABS Sydney All Groups
Consumer Price Index for the preceding 12 month period (January ‑
December). From the 1st of June 2006 an additional $2,500 will be added to the
current Return on asset figure for both six and 8 wheelers. This new figure
will continue to be indexed annually.
(a) Initial Calculation:
Return Premium ‑ fixed at 7.5% above the term
deposit rate. Based upon initial return value of 13% and current term deposit
rate of 5.5%.
Term Deposit ‑ NAB $100,000 invested for 12
months, rate at start of contract 5.5% sourced from website (premium = 13% ‑
5.5% = 7.5%)
Vehicle value ‑ sourced from Glass's guide
commercial vehicles valuation based on Iveco average vehicle price.
(i) Return On Asset
Total (Start of Contract)
|
Six Wheeler
|
$12,165 per annum
|
|
Eight Wheeler
|
$14,321 per annum
|
(ii) Return On
Asset Total 1st of June 2006
|
Six Wheeler
|
$12,673 + $2,500
|
=
|
$15,173
|
|
Eight Wheeler
|
$14,919 + 2,500
|
=
|
$17,419
|
|
|
|
|
|
(b) Rate Review
The rate review is based upon the Return on Assets
Total indexed each year on the 1st February by the percentage variation in the
ABS Sydney All Groups Consumer Price Index for the 12 months (January ‑ December
) preceding the rate review period.
Return On Assets Total = Current Return On Assets Total
x CPI % Change = Return On Assets Total (new)
Return On Assets "Total (new) / Loads Per Annum =
Return on asset per load.
Example
CPI Increase = 2%
Six Wheeler = $15,173
X 1.02 = $15,476.46
$15,476.46 / 1206= $12.83
3.3 Incentive
Payment
Description - 25% of the Total Fixed Costs are
transferred to the Load Payment at 1,000 loads per annum. The number of
loads (1000) will be a fixed value until January 2009 at which time it could be
reviewed based upon relevant productivity levels. The incentive rate will rise
and fall as a result of movement in Total Fixed Costs.
Source: Total Fixed Costs
Calculation
A x B = C
C/D = E
|
A = Total Fixed Costs
|
B = Incentive proportion (25%
fixed)
|
|
|
|
|
C = Incentive Total Value
|
D = Loads (1000)
|
E = incentive payment per load
|
Example Six Wheeler
$70,489 X 25% = $17,622.25
$17,622.25 / 1000 = $17.62 (incentive per load)
RATE COMPONENT C =
Kilometre Rate
The kilometre rate is the sum of the per kilometre unit
rates for the fuel, tyres and R&M items. Will vary based on vehicle type,
fuel and tyres will be reviewed every six months and annually, R&M annually.
|
Item #
|
Description
|
Rate Review Method
|
|
18
|
Fuel
|
Change in Actual
Cost
|
|
19
|
Tyres
|
Change in Actual
Cost
|
|
20
|
Repair and
Maintenance of Vehicle
|
CPI Impact ABS
(6401.0 Table 6)
|
(a) Kilometre Rate Formula
(i) Fuel Total Cost
/ Loaded Kilometres Total = Fuel Unit Rate
(ii) Tyres Total
Cost / Loaded Kilometres Total = Tyres Unit Rate
(iii) Repair &
Maintenance total cost / Loaded Kilometres Total = R & M Unit Rate
(iv) Fuel Unit Rate
+ Tyres Unit Rate + R & M Unit Rate = Kilometre Rate
(b) Six Wheeler Example
(i) $12,201 /
10855 = $1.124
(ii) $2,249 /
10855 = $0.21
(iii) $9,385 /
10855 = $0.86
(iv) $1.124+ $0.21+
$0.86 = $2.19 (component C of schedule 1)
Description of Items for Kilometre Rate
4.1 Item 18 ‑
Fuel
Description ‑ cost of fuel per kilometre.
Components should be determined based on the average for the Operator fleet for
a particular configuration (average load size, kilometres per litre, distance).
Rates will vary based on vehicle type and are subject to six month and annual
review.
(a) Source:
Fuel Price Per
Litre ‑ based on diesel fuel rebate prices as charged to the Operator
fleet by Boral
Fuel Usage KM
Per Litre ‑ 6 six wheeler 1.45 (fixed), Eight wheeler 1.35 (fixed)
(b) Formula:
(i) Fuel Costs
Total
(A) A/B=C
(B) C x D = Fuel
Total Cost
(ii) Fuel Unit
Rate
Fuel Cost Total / Loaded Kilometres Total = Fuel Unit
Rate
A = Total Kilometres Travelled
B = Fuel usage kilometres per litre
C = Litres of Fuel Used
D = Diesel Fuel Rebate Fuel Price Per Litre
(c) Six Wheeler Example
|
KM Per Litre
|
1.45
|
|
Price Per Litre
|
$0.8149
|
|
Paid Distance
|
9
|
|
Total Distance
|
18
|
|
average load
|
4.9
|
|
# loads
|
1,206
|
|
total km
|
21,710
|
|
Litres normal
|
14,973
|
|
|
|
|
TOTAL
|
$12,201.13
|
Kilometre Rate = $12,201.13 (fuel cost) / 10855 (loaded KM) = $1.124 per km
4.2 Item 19 -
Tyres
Description ‑rate will vary by vehicle
configuration and kilometres travelled per annum are subject to six monthly and
annual review.
(a) Source:
(i) Prices: sourced by Transport manager based on tyre
type being used by company fleet.
Prices used are the average of two quotes.
(ii) Life: New tyre 30,000km (new tyres used for
steer), retread 25,000 km (retread used for drive tyres) tyre life is a fixed
component.
(iii) Discount: based on 1st year new tyres on new truck 85%
(fixed)
(iv) Extra KM: 2.5% addition on total KM travelled (fixed).
(v) Punctures: 8 per annum (fixed)
(b) Formula:
(i) New Tyre
Costs
Total Kilometres Travelled x 1.025 = Weighted KM
Weighted KM / Tyre Life = # New Tyres Used
# Tyres Used Per Annum x # Steer Tyres = Total New
Tyres Used
Total New Tyres Used x Unit Cost = Total Cost New Tyres
(ii) Retread Tyre
Costs
Total Kilometres Travelled x 1.025 = Weighted KM
Weighted KM / Tyre Life = # Retread Tyres Used Per
Annum
# Retread Tyres Used Per Annum x # Drive Tyres = Total
Retread Tyres Used
Total Retread Tyres Used x Unit Cost = Total Cost
Retread Tyres
(iii) Total Cost
New & Retread Tyres
New Tyre Total Cost + Retread Tyre Total Cost = All
Tyre Total Costs
All Tyres Cost x Discount (85%) = New & Retread
Tyre Total Cost
(iv) Cases
Total New Tyres Used + Retread Tyres Used = Total Tyre
Use
Total Tyre Use / 3 (agreed retread life) = # Cases
Required Per Annum
# Cases Required Per Annum x Unit Rate = Cases Total
Cost
(v) Disposals
# Cases Required Per Annum = Disposals Required Per
Annum
Disposals Required Per Annum x Unit Rate = Disposals
Total Costs
(vi) Punctures
8 per annum x Unit Rate = Punctures Total Cost
(vii) Tyres Total
Cost
Total Cost New & Retread Tyres + Cases Total Cost +
Disposals Total Cost + Punctures Total Cost = Tyres Total Cost
(viii) Tyres Unit Rate
Tyres Total Cost / Loaded Kilometre Total = Tyres Unit
Rate
(c) Six
Wheeler Example
|
TYRE
COSTS
|
|
|
|
|
|
|
|
|
|
Km
use
|
Km
Travel
|
Tyre
Use
|
Tyres
on
|
Total
|
Unit
Rate
|
Cost
|
|
|
|
(+%)
|
|
truck
|
Usage
|
|
|
|
Steer Tyres
|
30,000
|
22,253
|
0.74
|
2
|
1.48
|
$595
|
$883
|
|
Recaps
|
25,000
|
22,253
|
0.89
|
8
|
7.12
|
$170
|
$1,211
|
|
sub total
|
|
|
|
|
|
|
$2,093
|
|
Weighed for New Truck
|
|
|
|
|
|
85%
|
$1,779
|
|
|
|
|
|
|
|
|
|
|
Cases
|
|
|
|
|
2.87
|
$65
|
$186
|
|
3 disposal
|
|
|
|
|
2.87
|
$15
|
$43
|
|
8 punctures
|
|
|
|
|
8.00
|
$30
|
$240
|
|
Total
|
|
|
|
|
|
|
$469
|
|
weighting
|
|
|
|
|
|
Total
|
$2,249
|
Tyre Unit Rate = $2,249 (tyre cost) / 10855 (loaded KM)
= $0.207 Tyres Unit Rate
4.3 Item 20 ‑
Repair and Maintenance
Description ‑ the repair and maintenance costs
associated with operating a particular vehicle configuration. These costs are
reviewed annually indexed each year on the 1st of February by the percentage
variation in All Groups CPI for Motor Vehicle Repair & Servicing for the 12
months (January ‑ December) preceding the rate review.
(a) Source:
Based on
initial rates supplied by Boral's vehicle supplier based on 1800 hours R&M
agreement.
CPI for Motor Vehicle Repair & Servicing for the 12
months prior to the anniversary date
Service Agreement Rate (Start of Contract)
|
Six Wheeler
|
$9,234 per annum
|
|
Eight Wheeler
|
$10,224 per annum
|
Rates As At 1st June 2006
|
Six Wheeler
|
$9,385 per annum
|
|
Eight Wheeler
|
$10,392 per annum
|
|
6 Wheeler Ave Prod
|
Dealer Agreement
|
8 Wheeler Ave Prod
|
Dealer Agreement
|
|
< 1080 loads
|
1600 hours
|
< 1080 loads
|
1600 hours
|
|
1080 - 14 10 loads
|
1800 hours
|
1080 - 1410 loads
|
1800 hour
|
|
> 1410 loads
|
2000 hours
|
> 1410 loads
|
2000 hours
|
Note: the service agreement at the start of the contract
is based upon 1800 hours, if the average number of loads carted falls outside
the productivity range specified for 1800 hours in the above table, a new
maintenance contract rate will be sourced from Boral's current vehicle
supplier.
(i) Review Example
Six Wheeler
CPI increase = 2%
$9,234 x 1.02 (CPI) = $9418.68
$9418.68 / 11,050 (loaded km) = $0.85 per km
5. Surcharge
Review and Calculations
Description ‑ rates will be adjusted based on the
review of previous items included in the calculation of surcharges eg fuel,
tyres and R&M. The calculations take into account that fixed costs have
been recovered and there is some allowance for lost opportunity or minimum cost
payments where applicable. Surcharges will be reviewed at the following
periods.
|
Items
|
Adjusted
|
Method
|
|
Mixing In Yard
|
6 Monthly
|
Change in Actual
Cost
|
|
Waiting Time
|
6 Monthly
|
Change In Actual
Cost
|
|
Transfer Fee
|
6 Monthly
|
Change In Actual
Cost
|
|
Standby Time
|
Annual Review
|
Change In Actual
Cost
|
|
Out of Hours
Surcharge
|
Annual Review
|
Change In Actual
Cost
|
|
Own Mixer Rate
|
Annual Review
|
Change In CPI
|
|
Agitating Fee
|
6 monthly
|
Change in Actual
Cost
|
|
Car Travelling
|
Annual Review
|
Change In CPI
|
|
Call Out Fee
|
Annual Review
|
Change In Actual
Cost
|
Description of Key
Calculations
Variable Per Hour ‑ takes into account fuel and
R&M for the appropriate surcharges. The figure is weighted to provide an indication
of what these costs would be per hour for a standard load.
Six Wheeler Example
$1.124 (Fuel Rate Per KM) + $0.865 (R&M Rate Per KM) =
$1.989 x 9km (ave lead) = $17.901
$17.901x 0.75 (loads per hours) = $13.42
Per Load Pay ‑ accounts for overtime and profit
components per load weighted on an hourly basis.
Six Wheeler Example
$13.40 + $12.58 = $25.98 (sum of profit & overtime
components per load)
$25.98 (per load
rate) x 0.75 (loads per hour) = $19.485
Waiting Time Weighting ‑ is a weighting used to
compensate the vehicle for time lost before waiting time is charged.
Labour Rates ‑ for out of hours work double time rates
are used based on the appropriate award grade.
Agitating Fee ‑ is based upon the waiting time rates
before weighting is applied
SURCHARGE
CALCULATION SHEET SIX WHEELER
Owner Mixer Rate
Description: initial rate based upon Boral costs for
operating their mixers includes depreciation and R&M.
Review: indexed each year an the 1st of February by the
percentage variation in the ABS Sydney All Groups Consumer Price Index for the
preceding 12 month period (January ‑ December).
6 Wheeler Example:
CPI Change = 2%
$10.00 x 1.02 = $10.20
ANNEXURE 1
VEHICLE SPECIFICATIONS
Six Wheeler
Vehicles must be able to perform adequately in on and
off road applications for mixing, delivery and discharge of concrete.
Selection of transmission, rear axle and power take off
ratios must be made to ensure adequate performance of both truck and mixer in
all applications.
Prime mover must be no heavier than 6300 kg when loaded
full with fuel and water.
Prime mover must be capable carrying a mixer to Boral's
specifications which are available on request
Front & rear towing attachments must be installed.
Reversing beeper and a flashing light must be
installed.
8 Wheeler
Vehicles must be able to perform adequately in on and
off road applications for mixing, delivery and discharge of concrete.
Selection of transmission, rear axle and power take off
ratios must be made to ensure adequate performance of both truck and mixer in
all applications.
Prime mover must be no heavier than 7600 kg when loaded
full with fuel and water.
Prime mover must be capable carrying a mixer to Boral's
specifications which are available on request
Front & rear towing attachments must be installed.
Reversing beeper and a flashing light must be
installed.
ANNEXURE 2
MIXER OWNERSHIP
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 this 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 this 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 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 this 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 50 mpa, 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 this 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.
ANNEXURE 3
127 STATEMENT
Section 127 Statement
(On Operator Letter head and addressed to the Transport
Manager)
(insert Operator Name) states pursuant to section 127 of the
Industrial Relations Act that it has paid all remuneration payable (including
all award and/or statutory benefits and amounts) to its employees employed to
perform the cartage work covered by this Contract Determination for the three
(3) months prior to (insert date of last day of quarter]
ANNEXURE 4
SELECTION
The score is determined by cross referencing the table below
for the service of the Operator and the age of the Operator's Vehicle and
adding together the two scores.
|
Years of Continuous
|
Score
|
Vehicle Age
|
Score
|
|
Service(1)
|
|
|
|
|
1
|
2
|
1
|
7.5
|
|
2
|
3
|
2
|
7
|
|
3
|
4
|
3
|
6.5
|
|
4
|
5
|
4
|
6
|
|
5
|
6
|
5
|
5.5
|
|
6
|
7
|
6
|
5
|
|
7
|
8
|
7
|
4.5
|
|
8
|
9
|
8
|
4
|
|
9
|
10
|
9
|
3.5
|
|
10
|
11
|
10
|
3
|
|
11
|
12
|
11
|
2.5
|
|
12
|
13
|
12
|
2
|
|
13
|
14
|
13
|
1.5
|
|
14
|
15
|
14
|
1
|
|
15
|
16
|
15
|
0.5
|
|
16
|
17
|
|
|
|
17
|
18
|
|
|
|
18
|
19
|
|
|
|
19
|
20
|
|
|
|
20
|
21
|
|
|
|
21
|
22
|
|
|
|
22
|
23
|
|
|
|
23
|
24
|
|
|
|
24
|
25
|
|
|
|
Thereafter
|
26
|
|
|
ANNEXURE 5
ACCESS TO CARTAGE WORK SYSTEM
1.1 Boral and all Operators
believe that Boral, Operators, and fleet owner six and eight wheeler vehicles
(in this Annexure "vehicles") should have, as far as operationally
practicable, reasonable access to the cartage work.
1.2 It is
acknowledged by the parties that it is operationally impractical to seek to
achieve absolute equality of access to the cartage work.
1.3 For the
purpose of monitoring and managing cartage work it is agreed that the process described
below will be applied to vehicles using the same plant as their nominated plant
and that this process may be varied from time to time to best achieve the
principle of reasonable access to cartage work by agreement between the Company
and Lorry Owner Driver Representatives.1.4 It
is agreed that the process for achieving reasonable access to cartage work
should not impact Boral's ability to provide customer service and these
requirements may from time to time vary the process described.
1.4 Reasonable
access to the cartage work will be measured by a points system determined
method outlined below which may be varied from time to time to best achieve the
principles of reasonable access to cartage work by agreement between the
Company and Lorry Owner Driver Representatives.
1.5 It is the
intention of the parties that, to the fullest extent that is operationally
practicable, vehicles owned and operated by Boral should achieve levels of
productivity comparable with those achieved by Operators undertaking cartage
work under similar circumstances.
1.6 To avoid any
doubt, subject to Boral complying with the system, Boral accepts no liability
for any Operator or fleet owner who may for whatever reason, not achieve
reasonable access to cartage work.
2. Management of
Access to Cartage Work
2.1 Endeavours to
achieve reasonable access to cartage work shall be the responsibility of and
managed by Boral, using a combination of:
(a) the application of a points system to
monitor access to work which will be referred to for decision making in regard
to rosters, and transfers;
(b) selective rostering of vehicles which
have a higher number of points in regard to others by applying start and
finishing rosters; and
(c) creation of a work pool comprising
vehicles identified through analysis as experiencing access to work outside a
statistical range.
3. Determination of
Access to Cartage Work
3.1 Reasonable
access to cartage work will be measured by plant for vehicles.
3.2 Vehicles will
be ranked according to the following point system based on work completed:
|
Item
|
Points
|
|
LOADS CARTED
|
1 LOAD = 5 points
|
|
KILOMETRES TRAVELLED (or part thereof)
|
1 km = 0.40 points
|
|
WAITING TIME
|
1 MINUTE = 0.20
point
|
3.3 To compensate for
Operator/driver behaviour which may impact upon the number of loads carted
adjustment factors will be applied to aid in accurately determining reasonable
access to cartage work.
3.4 Only on
regular days (refer to the Dictionary), additional adjustment points will be
assigned to vehicles according to the following:
|
Reason
|
Adjustment
|
|
Late. not available to load at designated start time
|
15 points
|
|
Early Knock Off before 12 noon
|
25 points
|
|
Early Knock Off After 12 noon
|
15 points
|
|
Full day absence without prior approval in accordance with
contract
|
50 points
|
4. Ranking &
Loading
4.1 Vehicles will
be ranked daily from highest to lowest based on the points system with records held
in a Boral database. The database shall be updated continuously on a vehicle by
vehicle basis, over a rolling twelve month period recording earned and
adjustment points (ie at the end of each calendar day data for the
corresponding day of the previous year ceases to be relevant to the system).
4.2 On the
following day vehicles with the lowest number of cumulative points will be the
first vehicles to load and the last vehicles to be rostered off. The
determination of the number of vehicles to be rostered off by plant will be
subject to Boral's discretion to meet customer requirements. If vehicles are
equal in points then the Operators with the least number of adjustment points
will be ranked first in the roster.
4.3 At the end of
every month a statistical evaluation will be run for vehicles over the
cumulative total points scored (including adjustment points) from the database
and vehicles with a standard deviation considered to be outside an agreed range
will be offered the opportunity to participate in a work pool.
4.4 Work pool
vehicles will be preferentially selected in the order identified from the
statistical evaluation to participate in periodic transfers for a period not
exceeding one month. These vehicles will be the first selected to transfer to
plants which require additional capacity. After the selection of the work pool
vehicles standard transfer rules will apply to other vehicles.
4.5 If the owner
of a vehicle declines the opportunity to become a work pool vehicle for that
month they will incur adjustment points to a value that returns them to the
average cumulative number of points for their nominated plant.
5. Management System
5.1 To facilitate
the monitoring and management of these measures Boral shall maintain computer based
records of the number of earned points and applied adjustment points by
vehicle. It is estimated that this system will run two days in arrears of work
completed.
It will be the responsibility of the plant supervisor
and Operator representative at that plant to determine adjustment points for
each vehicle and ensure they are applied. The results of points by vehicle
(including adjustment points) will be posted at the plant.
5.2 Out of hours
work such as night work and Sundays shall not be included in the points
allocation system.
5.3 Should an
Operator wish to forego participation in the work pool that vehicle shall be
allocated adjustment points to a value that returns that vehicle to the average
cumulative points applicable at that plant. Thereafter it shall continue in the
monthly statistical review. Should a vehicle which has participated in the pool
remain eligible for allocation to the pool at the next review occasion, the
vehicle may defer participation without adjustment points being applied for
that review period only.
5.4 New entrants
to the Access to Work System shall be allocated points at the end of the month
in which they commence equivalent to the previous rolling twelve month period
average for all vehicles operating from their nominated plant.
5.5 Adjustment
points will be applied for all participating vehicles for leave taken on
regular days. For the purposes of this clause 5.5 only regular days shall be as
defined in the dictionary under "regular day" (d) (when the operator
owns the mixer).
W. R. HAYLEN J.
____________________
Printed by
the authority of the Industrial Registrar.