Hanson Construction Materials Pty Limited
Concrete Carriers Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian Industry
Group New South Wales Branch.
(Case No. 2018/23946)
|
Before Chief
Commissioner Kite
|
30 January 2018
|
CONTRACT
DETERMINATION
Table of Contents
Clause No. Subject
Matter
1. General
Terms and Conditions
1.1 Definitions
1.2 Term of Contract
1.3 Acknowledgement
2. Hanson
Policies and Procedures
2.1 Policies and Directives
2.2 Management Procedures
2.3 Company Initiatives
3. Insurance
and Risk
3.1 General
3.2 Required Policies
3.3 Insured’s Obligations
4 Rates and
Payments
4.1 Rates Payable
4.2 Rise and Fall Rate Adjustments
4.3 Method of Payment
5. Adjustments
5.1 General
5.1.1 Mixer Breakdown/Agitator in Workshop
5.1.2 Payments for Deliveries Greater than the Defined Distance
5.1.3 Stand-By
5.1.4 After Hours Surcharge
5.1.5 Diversion
5.1.6 Waiting Time
5.1.7 Transfer Fee
5.1.8 Dump Fee
5.1.9 Blow Back
5.1.10 Plant Mix Fee
5.1.11 Material Transfer Fee
5.1.12 Multiple Discharge Points
6. The
Carrier’s Obligations
6.1 The Carrier’s Obligations to Provide a Truck
6.2 Availability of Truck & Driver
6.3 Mass Management
6.4 Fatigue Management
6.5 Road Laws
6.6 Truck Maintenance
6.7 Navigation
6.8 No Liability for Loss of Profits or Opportunity
6.9 Only Nominated or Approved Relief Drivers to Make Deliveries
6.9.1 Nominated Drivers
6.9.2 Relief Drivers
6.10 Training Courses
6.11 Fully Licensed and Trained
6.12 Drug and Alcohol Testing
6.13 Reporting of Defects, Loss or Theft
7. Responsibility
for Load and Slump Control
7.1 Delivery Ticket
7.2 Payment Withheld
7.3 Returned Concrete
7.4 Spillages and Site Cleaning
7.5 Cash on Delivery (COD)
7.6 Breakdowns
8. Loading
8.1 Size of Load
8.2 Loading Order
8.3 Legal Load Limits
8.4 Use of Despatch, Communication and GPS Technology
8.5 Scheduling and Despatch
9 Safety
9.1 Hazardous Site
9.2 Bogged Vehicles
9.3 Injury and/or Damage
10 Uniforms
10.1 Driver Presentation and Protective Clothing
10.2 Hanson Provision
11. Painting
and Signage
11.1 Hanson Requirements
11.2 Re-painting
12. Provision
of Agitator
12.1 Supply
12.2 Safe Fitting
12.3 Removal
12.4 On-Going
12.5 Ownership
12.6 Cleaning of Agitators and Vehicles
12.7 Maintenance
12.8 De-Dagging
12.9 Transfer of Mixer
13. Contract
Administration
13.1 Contract Administration Personnel
13.2 Superannuation and Workers’ Compensation
13.3 Proper Law and Jurisdiction
13.4 Confidential Information
13.5 Notices
13.6 Plant Storage - the Carrier’s Equipment
13.7 Tax Invoices
13.8 GST
13.9 Indemnity
13.10 Privacy
14 Fleet Size
15 Disciplinary
Procedure
15.1 Warning Process
16 Disputes
16.1 Dispute Resolution
16.2 Procedure for Dispute Resolution
17. Termination
or Assignment of Contract
17.1 Assignment of Contracts of Carriage/Determination
17.2 Termination upon Insolvency
17.3 Termination of Contracts of Carriage for Commercial Reasons
17.4 Termination of Contracts of Carriage for Material Breach or
Serious Misconduct
18. Amenities
19. Safety Net
APPENDICES
A. Utilisation
& Rise and Fall Calculation.
B. Additional
Charges and Corrections
C. Rise and
Fall Adjustment Definitions, Frequency and Methodology
D. Utilisation
Rates
E. Truck
Specifications
F. Contracts
Operating in NSW as of 1 November 2017
G. Hours Work Calculation Sheet
1.
General Terms and Conditions
1.1 Definitions
In this Determination, unless the contrary intention
appears:
(a) "Age of
Truck" will be measured from the date of manufacture as per the compliance
plate affixed to the truck.
(b) "applicable utilisation " means, subject to clause 4.2,
the number of loads paid in relation to a twelve (12) month period,
(c) "business day" means a day other than Sunday or a public
holiday in the state in which the carrier operates.
(d) "concrete" means a mixed, blended or batched product
that, regardless of any other constituent, contains:
(i) cement, aggregate, sand and water;
(ii) mortar containing cement sand and water;
(iii) grout containing cement, sand and water;
(iv) slurry containing cement and water; or
(v) binders containing cement and sand,
(vi) individual sand or aggregates items
regardless of the method of
production, laying or description of the finished product in which that product
is to be used.
(e) "customer" means a customer of Hanson or associated
companies.
(f) "Carrier"
shall mean a single operator owner driver trading as an incorporated body
(where the operator owner driver is a director and controlling shareholder of
the incorporated body) who is engaged under a contract of carriage with the
Principal Contractor as defined.
(g) "Carrier’s
Representative" means in respect of The Carrier, the nominated driver of
the vehicle owned by the Carrier or such other person as is agreed to in
writing by the Carrier and Hanson from time to time.
(h) "cartage services" means the loading, cartage and
discharge of concrete or other product, by the Carrier, at the direction of
Hanson or its duly authorised employees, or agents.
(i) Contractor
shall mean the Principal Contractor as defined in the Act. The Principal
Contractor in this Contract Determination is Hanson Construction Materials Pty
Ltd.
(j) "Defined
Distance" means the distance specified in Appendix C/D which is the distance
to which the Standard Load rate applies, without incurring an extra distance
payment.
(k) "Extra
Distance Payment" means an additional payment to the Standard Load Rate
for deliveries that exceed the defined distance and is paid in set increments
as specified in Appendix B.
(l) "Fleet"
means all trucks engaged by Hanson, either company owned or operated under the
control of this contract to cart concrete or concrete related products
(m) "GST"
means a Goods and Services Tax or like tax payable in respect of a supply under
this Contract
(n) "Hanson"
means Hanson Construction Materials Pty Limited (ABN 90 009 679 734).
(o) "Hanson’s
Representative" means the person, or the nominee of the person, for the
time being acting as Regional Logistics Manager of Hanson, or such other
officer as Hanson nominates.
(p) "Mixer"
shall also mean Agitator and vice versa.
(q) "Nominated
Driver" means the person who is both the controlling shareholder and a
director of the Carrier and is nominated in writing by the Carrier and approved
by Hanson to be the driver of the vehicle specified by the Carrier and approved
by Hanson to provide cartage services under this Contract.
(r) "person"
includes a firm, body corporate, unincorporated association or a government body,
and a reference to a group of persons includes all of them collectively, any 2
or more of them collectively and each of them individually.
(s) "plant" means the batching plant from which a load of
concrete or other related material is despatched.
(t) "procedure"
means a lawful method, system or manner of working to be employed in performing
work under this Contract which has been communicated to the Carrier by or on
behalf of Hanson by way of one of the following methods; Email (where available),
Memo posted on drivers notice boards or as recorded in plant meeting minutes.
(u) "quarter" means a period of three calendar months
(v) "Relief
Driver" is a driver engaged to operate a Carriers truck under clause 6.9.2
(w) "standard hours" means the hours between 06:00 and 16:00
on weekdays and 06:00 and 13:00 on Saturdays.
(x) "Standard
Load Rate" means a fixed payment calculated in accordance with Appendix B
made for the cartage of a load under this
Contract for any distance up to and including the defined distance,
irrespective of load size.
(y) "Table of
Rates" means the Table of Rates shown in Appendix D.
(z) "truck" means a prime mover of a type or model
(howsoever specified) approved by Hanson.
(aa) "vehicle"
means a truck (as defined) approved by Hanson to be utilised by the Carrier to
provide cartage services.
(bb) "Written
Authority" means any document that bears the signature of Hanson’s
Representative or the Carrier’s Representative as the case may be.
(cc) "workday"
is a day on which work is usually done, being Monday through to Saturday
inclusive, but excluding Public Holidays.
(dd) The singular includes the plural and vice
versa.
(ee) A reference to a person (including a
party) includes the person's executors, administrators, successors, substitutes
(including persons taking by novation) and assigns.
(ff) A reference to a thing (including a
payment) is a reference to the whole or any part of it.
(gg) If a period of time is specified and dates
from a given day or the day of an act or event, it is to be calculated
inclusive of that day.
(hh) A reference to a day is to be interpreted
as the period of time commencing at midnight and ending 24 hours later.
1.2 Term
of Determination
(a) Subject to
earlier termination in accordance with the terms of this Determination, this
Determination commences on the day it is approved by the Industrial Relations
Commission of NSW and consistent with section 319 of the Industrial Relations Act 1996 shall have a nominal term of three
years. The Parties have provided a commitment that it will recognise this
Determination as remaining in force for a term of 10 years from date of
agreement, expiring on 31 December 2027.
(b) Where the
Carrier exercises its right to assign its cartage contract granted hereunder
the assignee of that cartage contract will be subject to the contract expiry
date in (a).
1.3 Acknowledgement
The parties acknowledge that immediately prior to the making
of this Determination the Carrier(s):
(a) Has made its
own inquires and obtained independent advice on all aspects of this
Determination.
(b) Understands
that Hanson does not guarantee to provide continuous or regular work.
(c) Understands
that the amount of any profit or return to the Carrier is wholly dependent on
the state of the concrete market and the consistency and professionalism with
which the Carrier provides cartage services to Hanson.
(d) Is
aware that Hanson has not provided any legal or taxation advice to the Carrier.
(e) Has
familiarised itself with the range of loading and unloading conditions likely
to prevail at all concrete loading and discharge points and with the type and
duration of the minor delays which are common throughout the concrete industry.
(f) Understands
that, throughout the term of this Determination it would be prudent for the
Carrier to make its own assessment of the benefits arising from this
Determination.
(g) Understands
and accepts that the applicable standard load rate is the rate payable to the
Carrier for any concrete delivery up to the Defined Distance, irrespective of
load size.
(h) The Carrier,
its Nominated or Relief Driver
i. are not the legal representative,
agent, Joint Venture, Partner or Employee of Hanson for any purpose whatsoever.
ii. has no right
or authority to assume or create any obligations of any kind or to make any
representations or warranties, wether express or implied on behalf of Hanson or
to bind in any respect whatsoever or to represent that it is an employee
servant or agent of Hanson.
(i) It
is acknowledged and agreed by the parties that any Carrier engaged hereunder is
an independent contractor and that nothing in this Determination shall be
construed as constituting the Carrier as an agent or partner of Hanson or as
constituting a Nominated or Relief Driver as an employee of Hanson.
2.
Hanson Policies and Procedures
2.1 Policies
and Directives
The Carrier shall
comply with all relevant Directives and Policies notified to the Carrier from
time to time. Failure by The Carrier to adhere to this clause will be deemed as
a Breach as defined in clause 15 of this contract. Any dispute that arises in
regard to a policy and or directive will be dealt with in accordance with the
dispute procedure contained at clause 16 of this Determination.
2.2 Management
Procedures
Hanson is
committed to developing or has developed various Management Policies and
Practices and full participation in and compliance with these, including
induction courses, is expected of all Drivers.
These include:
a. Enhanced safety programs that include
commitment to fatigue management.
b. A commitment to excellence exemplified
by programs for the continuous improvement of performance and total cost
reduction.
c. A Total Quality Management approach
including management systems to achieve and maintain Australian Standards
quality accreditation.
d. Environment management including
conformance with relevant environment protection legislation, energy efficiency
and aesthetically well-presented equipment.
e. A commitment to the maintenance of the
health and safety of all Hanson employees, Carriers, suppliers and visitors to
Hanson sites.
2.3 Company
Initiatives
The Carrier
will participate in all Company initiatives as directed.
3. Insurance and Risk
3.1 General
Upon the
request of Hanson, The Carrier must make available within seven (7) days, copies
of all insurance policies and certificates of currency in relation to those
policies referred to in clause 3.2.
3.2 Required Policies
The Carrier
must ensure that it at all times and at its own expense maintains in force the
following insurances in respect of all vehicles and drivers:
(a) Compulsory third party personal
insurance for the truck as required by any relevant State or Federal Law.
(b) Comprehensive insurance for the truck
for its market value and third party property insurance for each vehicle for a
sum value of $20,000,000, or a higher sum as Hanson may require from time to
time for each claim or occurrence.
(c) Comprehensive cover for loss and/or
damage to the agitator. Such insurance must cover the cost of a new mixer
supplied and installed, including applicable driver waiting time, should the
mixer be damaged.
(d) Public liability insurance for claims in
respect of loss or damage to real or personal property and/or personal injury
or death of any person arising from the provision of cartage services under
this Determination of not less than $20,000,000 (or such higher sum as Hanson
may require from time to time) for each claim or occurrence.
Extensions are
required to the public liability insurance to cover:
(i) Damage caused by an agitator fitted to
a vehicle; and
(ii) Damage due to incorrect product
delivery.
(e) Workers’ compensation insurance as
required by any relevant state legislation with extensions to cover
(i) The Carrier liability at common law,
and
(ii) Hanson’s liability (if any) in respect
of persons engaged or employed by the Carrier.
(f) Hanson strongly recommends that any
Carrier engaged hereunder takes appropriate professional advice concerning the maintenance
of twenty four hour personal accident and illness insurance for employees of
the Carrier an appropriate level of cover taking into account the financial
obligations of the Carrier under this Contract.
(g) Hanson is to be listed as an Interested
Party in all insurance policies.
(h) All insurances are to be held in the
name of the Carrier’s incorporated company.
Hanson may
review the above insurance during the term of this Determination and if it
thinks fit may, by written notice to the Carrier, alter the types and/or the
amounts of insurance required by the Carrier under this clause. The altered
insurances will be deemed to be the insurances required by this clause.
3.3 Insured’s
Obligations
In respect of
each insurance policy referred to in clause 3.2, the Carrier must:
(a) Pay all insurance premiums as and when
they fall due;
(b) Comply with all terms of the insurance
and all requirements of insurers including in particular those relating to the
operation of the vehicle by any substitute Nominated Driver and those relating
to disclosure;
(c) Give immediate notice in writing both to
the insurer and to Hanson of anything of which notice is required under any
policy;
(d) Make available to Hanson on demand all
policies, certificate of currency, correspondence and other papers
relating to the insurance;
(e) At all times be
responsible for any damage sustained to public and private property through
their action or in-action;
(f) Commence a process calculated to resolve
any damages claim from members of the public, including customers, within 10
working days of receiving notice of the claim;
(g) Resolve, all claims professionally,
courteously and in a timely manner;
(h) Communicate with Hanson regarding the
progress of any claims at such times and in such manner as is requested by
Hanson from time to time.
4. Rates and Payments
4.1 Rates
Payable
Subject to clause 4.3, Hanson shall pay the Carrier for
each load of concrete carted by the Carrier, irrespective of size of load, up to
the defined distance an amount calculated in accordance with the "Table of
Rates" in Appendix D under the applicable utilisation rate, calculated as
per Appendix B. A Rise and Fall mechanism will be used
as per clause 4.2 to reflect new rates.
Distance is measured as the shortest route for a heavy
vehicle as calculated by Hanson Electronic Mapping Information or physical
distance where electronic mapping data is not valid or available. Distance will
be rounded up to the nearest whole kilometre. Should disputes occur they will
be handled through the cartage adjustment process.
4.2 Rise
and Fall Rate Adjustments
At the end of each six month period Hanson shall adjust
the values contained in the Table for rise and fall in accordance with the
provisions of Appendix A and notify the results in writing to the Carrier.
Prior to amendments being made Hanson will provide the representatives the
adjustment details. The overtime component in Appendix A under Salary will be
based on the Table in Appendix G to this Contract Determination.
Utilisation rates will be calculated based on the
preceding 12 months loads paid and will then form the basis of the new rate
which will become effective from the beginning of 1 February and 1 August each
year in Metro. The utilisation rates applicable for Country carriers will be
reviewed each quarter and adjusted in accordance with the February and August
review adjustments arising from the Metropolitan rates review.
4.3 Method
of Payment
On or before the fifteenth day of the month next
following any month during which The Carrier provided cartage services under
this Determination, Hanson shall:
(a) Prepare and
submit to the Carrier a Recipient Created Tax Invoice (RCTI) showing the full
details of the deliveries and any other activities and the amounts to which the
Carrier shall be entitled for that accounting period and any amount that Hanson
is entitled to recover under this Determination or to deduct in accordance with
the written directions of the Carrier;
(b) Pay the Carrier,
by electronic funds transfer into such account of a recognised financial
institution as is nominated in writing to Hanson by the Carrier.
(c) Account
discrepancies relating to the preceding pay period will be settled within the
next pay period as long as Hanson is notified in writing fourteen (14) days
prior to the next payment, other discrepancies will be
settled within thirty (30) days of agreement.
(d) Where The Carrier utilises a fuel purchase card supplied by
Hanson, or accesses Hanson bulk fuel, Hanson may deduct from the Carrier's
cartage payments an amount equal to the value of the fuel or related products
purchased.
(e) When The Carrier is overpaid, Hanson shall supply appropriate
details in writing to the Carrier who then has fourteen (14) days to object to
the deduction of the amount of the overpayment from the next payment due to the
Carrier.
If an overpayment greater than 2 times the preceding
months earnings is made to The Carrier then the Carrier must refund the overpayment
to Hanson within fourteen (14) days.
(f) No other
deduction can be made from the Carrier's account without the prior written
authority of the Carrier or as otherwise authorised in this Determination.
5.
Adjustments
5.1 General
Additional charges
and/or corrections to payments may be due and payable. These charges will be
based on rates specified in Appendix B.
5.1.1 Mixer
breakdown/Agitator in Workshop
If due to
mixer breakdown the truck is unavailable for work from 7am on the 2nd full workday
(excluding the day of breakdown) after notification to appropriate Hanson
Representative, the Carrier will be paid at truck and driver standby rate for
every completed hour the truck is unavailable after that period for a maximum
of 8 hours per day.
Example: if
breakdown occurs on Monday at 9am, then if the truck is not available at 7am on
Wednesday then the Carrier will be entitled to payment of the standby rate per
completed hour.
Where a
carrier is required to wait for his vehicle they will be paid a stand by rate
per hour or part thereof. If he is not required to wait a means will be
provided by the contractor at the Contractor’s cost to convey the Carrier to
his place of residence and return him to the workshop as required.
5.1.2 Payments for
deliveries greater than the defined distance
Hanson will
pay the Carrier for any load based on shortest distance from plant to Point of
discharge that exceeds the defined distance. Distance paid is determined by
Hanson’s Electronic Mapping Information, measured from the plant to the point
of delivery in one direction.
5.1.3 Stand-By
Where the
Carrier commences a shift in standard hours but is required to remain at a
plant outside standard hours Hanson will pay the Carrier a stand-by payment for
all completed whole hours where the Carrier waits for more than 1 hour before
receiving their first out of hours load. After a load has been completed any
other stand-by time is deemed to be covered by the outside hours
surcharge (5.1.4). Stand-by payments shall be paid in accordance with Appendix
B.
5.1.4 After
Hours Surcharge
For loads
loaded outside standard hours an outside hours surcharge will be paid in
accordance with Appendix B. If the Carrier commences a shift outside standard hours
the Carrier will be paid for a minimum of 2 loads (Standard Load Rate plus
outside hours surcharge).
If the Carrier
cannot legally achieve a minimum shift of 4 hours either the day prior or the
day following working outside hours at Hanson’s request then a minimum payment
of 8 hours standby is paid.
5.1.5 Diversion
Where a
diversion occurs after the carrier has left the yard, then the Carrier will be
paid the standard load rate for the 1st load (without extra distance payment),
plus the standard load rate for the second load plus any associated km
increment for 2nd load; i.e. plant to site 2 only.
Example:
original delivery (Load A) is 20km from the plant, the
Carrier is diverted to a job that is 18km from the plant (Load B). The
Carrier’s payment will be:
Load A - 1x
Standard Load Rate (no extra distance payment).
Load B -
Standard load rate plus extra distance payment as applicable.
If the
diversion occurs before the truck has left the yard then only load B will be
paid.
5.1.6 Waiting Time
The Carrier
shall be paid a waiting time fee per minute for time spent on site in excess of
45 minutes, taken from the time of arrival on site to the time of leaving site.
The waiting time charges will be paid in accordance with Appendix B.
No waiting time
will be payable if the Carrier does not adhere in full to docket completion
requirements as per clauses 7.1
5.1.7 Transfer fee
(a) Metropolitan Areas
For Transfer
in the metro area if a truck is required to transfer at the start of day to a
plant that is not their usual starting location they will be paid a fee equal
to a "transfer percentage" of the standard load rate for each defined
distance increment or part thereof. For Example if the defined distance is 15
km and the transfer percentage is 25% the transfer payment would be as follows:
<15km =
25% of the Standard Load Rate
16-30km =
50% of the Standard Load Rate
31-45km =
75% of the Standard Load Rate
46-60km =
100% of the Standard Load Rate
61-75km = 125%
of the Standard Load Rate
Etc.
If a Carrier
undertakes its last load of a day from a plant which his not its base plant,
and that Carrier has not received a Transfer fee at the start of that day, then
the Carrier will be entitled to be paid a fee equal to a "transfer
percentage" of the standard load rate for each defined distance increment
or part thereof.
(b) Country Areas
If a Country
Carrier is transferred outside the Metropolitan Area without a load, a transfer
fee of $1.65per km shall be paid.
5.1.8 Dump Fee
Any concrete
that requires offsite dumping as directed by Hanson shall be paid at the
current Standard Load Rate including extra distance payments for the distance
travelled to dump the load.
5.1.9 Blow Back
If The Carrier
is required to undertake a blow back then they shall be paid as per clause
5.1.6 in relation to waiting time measured from the time they arrive on site,
until the time the blow back is completed. If the left over concrete is
required to be transported away from site to be dumped then the Carrier will
also be paid a dump fee as per clause 5.1.8
5.1.10 Plant Mix Fee
Where the
Carrier is required to load, mix and discharge concrete, or related product for
Hanson’s own use within the plant the Carrier shall be paid the Standard Load
Rate.
5.1.11 Material
Transfer Fee
Where The
Carrier is required to transfer water or other material using their vehicle
then the Carrier will be paid the Standard Load Rate for the appropriate
distance travelled to the drop off point.
5.1.12 Multiple
Discharge Points
The following
shall apply if the Carrier is required to discharge at multiple locations.
(a) Same customer; payment will be made for a
single load and will include all extra distance payments based on total travel
to the final point of discharge. Waiting time will commence from the time of
arrival at the first discharge point.
(b) Multiple
Customers or multiple dockets; each delivery will be treated for the purpose of
cartage as a separate delivery.
6. The Carrier’s
Obligations
6.1 The
Carrier’s Obligations to Provide a Truck
The Carrier must provide a truck at all times during
the life of this Contract. The Carrier must advise Hanson in writing of their intention
to introduce a vehicle into the fleet; no vehicle shall be brought into service
without prior approval in writing by Hanson.
All vehicles must be available to provide work under
this Contract:
(a) during all standard hours,
(b) at such other times as Hanson specifies by reasonable
notice, being not less than 48 hours notice.
Carriers operating in the Sydney Metropolitan Area,
Doyalson, Morisset, Goulbourn, Bathurst or Orange must provide a truck with a
GVM of not less than 28t within 18 months of the commencement of this
determination. Failure to adhere to this clause will be deemed a Material
Breach and the contract will be terminated pursuant to clause 17.4.
Carriers operating at other locations must provide a truck
with a GVM not less than 23t. Carriers based at Bass Point, Wollongong, Nowra
and Wagga Wagga are required to provide trucks with a GVM of not less than 28t
within 18 months of written notice of plant upgrade.
The Carrier must ensure that its age of truck remains
less than 10 years at all times during the term of its cartage contract. If the
Carrier’s truck becomes more than 10 years old at any stage during the term of
the Determination Hanson may in its absolute discretion, terminate the contract
immediately. Recognised contracts operating in NSW as at 1 November 2017, which
number 84 contracts, will be subject to a 14 year age of truck limit with truck
numbers under those contracts identified in Appendix F to this Contract
Determination.
The Carrier may apply to Hanson’s Representative in
writing requesting that the Carrier be exempt from this clause for a maximum
period of 12 months (per application) to continue to perform services for
Hanson under the terms of this Determination; In reaching a decision to accept
or reject the application, Hanson’s Representative’s will consider a number of
factors including but not limited to:
Reliability of the Truck
Availability of the truck
The Mechanical Condition of the truck
The appearance and presentation of the truck
Hanson’s decision will be final. Initial applications
must be submitted prior to the vehicle becoming 9.5 years old.
Should a carrier be required to introduce a truck at a
point in time in this contract to a plant capable of loading trucks with a GVM
of 28t, then they will be required to provide such truck at that point in time.
In circumstances where a truck is introduced that is
less than 18 months old at the start of this contract the Regional Logistics
Manager or nominated representative may issue a letter to a Carrier declaring
their truck is deemed to satisfy the life of the contract.
Any new truck brought into the fleet by the Carrier
must meet all Hanson truck specifications (excluding mixer) refer Appendix E:
6.2 Availability
of Truck & Driver
The Carrier shall, as a fundamental condition of this
Determination, be available to provide cartage of concrete for Hanson at such
times as Hanson may require so as to meet the demand
of Hanson’s customers 52 weeks per year during the term of this Determination.
All Benefits and Entitlements under the award including
Leave Entitlements of 20 days Annual leave, 10 days personal leave and up to 13
RDO’s are deemed as entitlements included within this document. All leave
applications must be approved by Hanson prior to leave being taken.
In periods when demand is low, Hanson in its absolute
discretion may grant permission to the Carrier to take leave without the need
for the provision of a relief driver.
Hanson will measure availability specifically for each
Carrier. Should The Carrier’s availability not meet specified availability
requirements for the fleet as defined by Hanson, Hanson at its discretion may
terminate the contract pursuant to the disciplinary process set out in clause
15.
Hanson’s Representative may request Medical
Certificates or proof of breakdown, repair of truck or equipment if the truck
is not made available for loading, failure to provide requested documentation
may result in Hanson enacting disciplinary procedure.
The Carrier and /or driver shall act in the best
interest of Hanson at all times.
6.3 Mass
Management
The Carrier engaged hereunder acknowledges and agrees
that it must meet various regulatory requirements to achieve the maximum GVM
allowed under State or National guidelines. The Carrier must comply and be
accredited with:
NHVAS for Mass Management
Hanson reserves the right to alter these requirements
from time to time if the State or National guidelines or regulations change and
affect the GVM or carrying capacity of the Carrier’s truck.
6.4 Fatigue
Management
The Carrier must comply with all State and Federal
regulatory requirements and with any reasonable requirements of Hanson in
relation to fatigue management, as may apply from time to time during the term
of this Contract.
This obligation on the part of the Carrier shall
include the completion and retention of all records as required under State and
Federal regulations. The Carrier is to utilise Hanson’s Daily log book for the
recording of all records in relation to Fatigue Management, and must be able to
present these when requested by Hanson.
The Carrier shall ensure that it’s Nominated Driver and
any Relief Drivers observe Hanson’s policies and practices designed to manage
driver fatigue. The Carrier acknowledges as part of its cartage contract that
it must operate the truck in strict accordance of all State and Federal laws
with respect to fatigue management.
The Carrier is responsible for ensuring its Nominated
Driver and any Relief Driver obeys the current National Driving Hours
Regulations.
6.5 Road
Laws
The Carrier must:
(a) ensure that
its nominated driver operates the truck approved to provide cartage services to
Hanson only on roads on which such a truck is legally permitted to travel and
otherwise in accordance with applicable road laws and regulations;
(b) observe and
comply with and ensure that its nominated driver observes and complies at all
times with the provisions of all acts, rules and regulations relevant to the
cartage services provided including the Chain of Responsibility created by State and Federal
legislation and OH&S Laws;
(c) notify Hanson within 24hours of any traffic related
infringements which will or potentially preclude them from legally performing
their duties under this Determination’.
6.6 Truck
Maintenance
The Carrier must ensure that the truck is maintained
and kept in a roadworthy condition and comply with all relevant statutory legislation.
The Carrier is to utilise the Hanson Driver’s Daily Log
Sheet to record all daily vehicle checks.
At any time during the term of this Determination
Hanson’s Representative has the right to require the Carrier to produce copies
of any relevant documentation within seven days, to demonstrate that the
Carrier is complying with the provisions of this clause. Failure by the Carrier
to provide documentation will be dealt with in accordance with clause 15.
6.7 Navigation
The Carrier is responsible for providing a street
directory or other navigation equipment to enable deliveries to be completed in
an efficient manner.
6.8 No
liability for loss of profits or opportunity
Except in reference to clause 5.1.1, Hanson has no
liability whatsoever to the Carrier for loss of profits by the Carrier or loss
of opportunity for the Carrier resulting from plant, agitator or vehicle
breakdowns which are beyond the reasonable control of Hanson.
If the Contractor knowingly requires a Carrier to
provide his vehicle at a plant which has a substantially reduced production
capability for a period of not less than one (1) hour, then the Carrier will be
entitled to Stand By payment per hour or part thereof following the first hour
- i.e. the first hour is not paid.
6.9 Only
Nominated or approved Relief Drivers to make deliveries
The Carrier agrees that:
(a) cartage services provided by it under this Contract:
(i) may only be carried out by a person, who, at the time of the
delivery, is a Nominated or Relief Driver; and
(ii) must be carried out in accordance with the provisions of
this Contract; and
(b) that any breach of the provisions of this Contract by the
Carrier, or Nominated Driver shall constitute a breach by the Carrier of the
terms of this contract between Hanson and the Carrier.
6.9.1 Nominated
Drivers
It is a fundamental condition of this Contact that the
Nominated Driver will be both the controlling shareholder and a director of the
Carrier.
6.9.2 Relief
Drivers
Where the Carrier wishes to use a relief driver, then
the Carrier must obtain the prior written approval of Hanson to allow that
relief driver to become a Driver and must ensure that the driver complies with
the terms of this Contract (including its Appendices). Hanson has the absolute
discretion to revoke approval for any Relief Driver for any reason.
The parties agree that such Relief Drivers will only be
engaged in the event of:
(i) Leave;
(ii) Sickness; or
(iii) Other, as
approved by Hanson,
and provided that the driver
is a person who:
(a) is approved in writing by Hanson and meets Hanson’s
standards concerning:
(i) Customer
service focus;
(ii) Driver
experience;
(iii) Driver
professionalism
(iv) Safety
(v) any other matter or thing notified to the Carrier by Hanson
in writing;
(b) holds a current Written Authority from Hanson to operate any
trucks at Hanson’s premises; and
(c) has been certified by Hanson as being able to satisfactorily
complete a training program covering Hanson’s operating methods, use of
equipment and administration procedure, which program will take up to two full
days for a person new to the industry to complete, comprised of four units as
follows:
(i) A
general introduction to the industry.
(ii) Hanson’s
specific requirements, and covers such requirements as personal presentation,
unloading, customer dealings, administration procedures and cash handling.
(iii) Specifics of
equipment operation and emergency procedures, fire evacuation procedures and
safe operating regulations.
(iv) A
comprehensive Medical examination including drug tests.
(d) has been satisfactorily assessed by a Hanson Driver Assessor
6.10 Training
Courses
The Carrier shall ensure that its Nominated Driver
participates in such designated plant meetings, inductions and training courses
as Hanson may determine. The cost to the Carrier of any training held on Hanson
Sites is deemed to be included in the cartage rates. Where training is held
offsite the Carrier will be paid at the Hourly labour rate. Any travel expenses
will be paid at the Rate of 75 cents per kilometre.
6.11 Fully
Licensed and Trained
The Carrier shall ensure that it’s Nominated Driver and
any Relief Drivers are fully licensed and trained in the operation of the truck
and its equipment. In the event that the licence of a Nominated or Relief
Driver is suspended or cancelled, the Carrier must immediately inform Hanson in
writing.
The Carrier agrees that Hanson as required has the
right to perform driver licence checks, via the relevant authority.
Incoming Nominated and Relief drivers will spend a
nominated period of training with Company employed drivers. Where a Company
employed driver is not available, it will be the responsibility of the outgoing
Carrier to conduct training.
All Nominated drivers will undertake annual development
reviews aimed at improving customer service and fleet efficiencies.
6.12 Drug
and Alcohol Testing
The Carrier’s Nominated or Relief driver may at any
time whilst engaged under this Determination be required by Hanson to submit to
random drug and alcohol testing in accordance with Hanson’s Policy and
Procedures.
Upon Hanson’s request, the Carrier engaged hereunder
will require its Nominated Driver or Relief Driver to submit to a Hanson
Fitness for Duty medical on an annual basis.
The Carrier agrees that any failure by the Nominated
Driver to submit to a drug and alcohol test or to a Hanson Fitness for Duty medical
shall constitute a Breach of procedure for the purposes of Clause 15.
6.13 Reporting
of Defects, Loss or Theft
The Carrier shall fully and properly inform Hanson
immediately upon becoming aware of any matter of which Hanson could reasonably
expect to be advised including, but not limited to, breakdowns, accidents,
damage to, defect in, loss or theft of the Carrier, Hanson or customer plant or
equipment.
7. Responsibility for
Load and Slump Control
(a) The Carrier
shall comply with the appropriate Hanson Policies, Directives, Work Methods, Operational Guidelines. Copies will be available at each
concrete plant and online.
(b) The Carrier
must visually inspect each load prior to leaving the plant and shall
immediately advise Hanson of any apparent omissions or unusual features of the
load which may have occurred due to batching error, plant failure or
contamination. Failure to report any
obvious unusual feature arising from visual inspection may result in the
Carrier not receiving payment for the load and if the load
is subsequently dumped the Carrier will be required to refund to Hanson the
cost of the Bill of Materials (BOM).
(c) The Carrier
shall ensure that the load is properly mixed as required by Hanson’s Work Methods
and that the slump of the concrete will be in accordance with current
Australian Standards or other applicable specification limits immediately prior
to discharge. These limits are
currently:
Slump < 60mm - a tolerance of ± 10mm;
Slump (60mm or (80mm - a tolerance of ± 15mm;
Slump > 80mm or (110mm - a tolerance of ± 20mm;
Slump > 110mm or (150mm - a tolerance of ± 30mm;
Slump > 150mm - a tolerance of ± 40mm.
(d) The slump
requirements are based on the premise that the Carrier has at all times from
the time of batching to the point of discharge, the ability to adjust the slump
of the load to the above specifications. Where the Carrier does not have the
ability to adjust the slump for reasons such as customer restrictions, and
other than pursuant to clause 7 (b), or where the slump is so grossly out of
specification (i.e. two times the tolerance) that they have failed in their
duty of care, the Carrier may be absolved of responsibility for the load.
(e) Where an
additive is added by a third party after batching, the Carrier will not be
responsible for the slump of the load however should make all endeavours to
ensure accuracy. Any additive added by a third party must be recorded clearly
on the delivery docket.
(f) The concrete
specification as shown on the delivery docket cannot be changed by any party
after batching.
(g) The agitator
drum must be kept turning at all times when it contains concrete other than
kerb maker or low slump concrete.
(h) When a load is
rejected at a job site because the slump is outside the nominated tolerance or
because the Carrier has not complied with the requirements of this clause, the
Carrier will not be paid for the cartage.
(i) In
the case of a delivery of concrete to a kerb-making machine, the Carrier assumes
no responsibility for the slump of the load if it is delivered in an "as
batched" condition. However the Carrier will remain responsible for the
detection of obvious problems such as high slump or complete absence of cement.
(j) If the
customer requests the addition of an amount of water that takes the slump of
the load outside the specified slump tolerance, the Carrier shall note the
quantity of water added and the estimated final slump of the load and obtain
the name and signature of the customer or their nominated representative on all
copies of the delivery docket, authorising such addition of water to the load
prior to the water being added.
(k) The Carrier
shall submit all relevant copies of the signed delivery docket to the batcher
immediately on returning to the plant following each delivery.
(l) Slump control
is the responsibility of the Carrier. If the Carrier and/or a Relief Driver
engaged at the time by the Carrier has 3 slump violations in 6 months he will
be required to spend the first half of a day retraining in the practising
slumping on the slump stand. At Hanson’s discretion the Carrier will also need
to attend a slump retraining course. Hanson will not be liable for any
compensation to The Carrier for the time to undertake retraining. Repeat
occurrences will result in a written warning. (See clause 15.1) i.e. A further
3 violations in a six month period will result in a written warning.
(m) The Carrier will
be responsible for all fees and costs associated with cleaning of concrete spills
caused by the Carrier, except in circumstances where mixer
or mixer control failure is proven to be the cause. Upon becoming aware of
any such spill the Carrier must immediately notify Hanson of the spill and
await instructions.
7.1 Delivery
Ticket
The Carrier shall ensure that each load is accompanied
by a delivery docket and:
(a) Will not
depart from the plant with any materials loaded into the agitator without first
obtaining a delivery docket from Hanson’s plant batcher.
(b) Ensure that
the materials loaded into the agitator comply with the details on the delivery
docket.
(c) Ensure that no
details entered on any delivery docket are altered.
(d) Ensure that no
additional water or other substance is added to the Materials at the customer’s
request unless the customer signs an appropriate authority.
(e) Follow all
other Hanson Docket completion processes as instructed by Hanson.
(f) The Carrier
shall ensure the following details are noted on all copies of every delivery
docket:
time ex plant
time of arrival on site
time of completing unloading
whether water was added on
site or not, to bring the load up to the specified slump, and if so, the
quantity added
any additives added by the
customer
amount of waiting time and customer
name and signature, if
applicable
whether there was any unused
or leftover concrete, and if so, the estimated quantity
name and signature of customer
or their nominated representative.
Any other information as required by the contractor
from time to time
Where the above is not completed in full the Carrier
may not be paid for the load.
Failure to ensure all of the information listed above
is recorded on all copies is resultant in a claim from a customer, then Hanson
will reclaim any payment the Carrier has received from that delivery.
7.2 Payment
Withheld
When a load is rejected at a job site because:
(a) the slump is outside the slump limits specified in clause 7
(c);
or
(b) The Carrier
has not visually inspected the load prior to leaving the plant;
or
(c) the load was delivered to the wrong address
or
(d) the Carrier has not followed clear instructions printed on
the delivery docket
Hanson will not pay the Carrier for the cartage to the
job site or place of disposal.
Where the load is dumped because the slump is grossly
outside the nominated tolerance (ie two times the
tolerance) that the Carrier has failed in his duty of care the Carrier shall
refund the Contractor the cost of the Bill of Materials (BOM).
Where the Carrier delivers concrete to the wrong
address and if the load is subsequently dumped the Carrier will be required to
refund to Hanson the cost of the Bill of Materials (BOM). Hanson may, after
investigating any mitigating circumstances, consider these actions as a Breach
as per clause 15.
Any concrete not accepted at a job site shall be
delivered to and / or disposed of as directed by an authorised Hanson
representative.
7.3 Returned
Concrete
Concrete in excess of customer requirements (returned
concrete) shall be delivered to and/or disposed of as directed by an authorised
Hanson representative. Returned concrete shall always remain the property of
Hanson.
If the Carrier has a quantity of unused or left over
concrete in excess of 0.8m, then on returning to the plant the customer service
centre or plant batcher have the discretion to reuse this concrete in a
following delivery by immediately reloading the Carrier without regard to the
next truck intended to be loaded.
The Carrier shall not be entitled to any cartage
payment for returning any leftover concrete ie part
of the initial load, to the plant it was loaded from.
If however, after returning to the plant, the Carrier
is then directed to dump or dispose of the left over concrete at a site outside
the plant or diverted direct from site to a dump location outside of the plant,
then the Carrier shall be paid a new Standard Load Rate and applicable Extra
Distance Payment pursuant to clause 5.1.8.
It is the obligation of the Carrier to note on the Delivery
Docket details in relation to the authorisation for any disposal. If any Carrier is found disposing of unused
or left over concrete in a manner not authorised by Hanson, then Hanson may at
its discretion terminate this Determination immediately without payment of
compensation to the Carrier.
7.4 Spillages
and Site Cleaning
The Carrier shall at its own cost and to the
satisfaction of Hanson:
(a) During the
performance of any cartage services clean up and properly remove from Hanson premises,
roadways and Hanson customers premises any surplus material such as concrete or
related products, or products such as oils or other items arising from the
cartage services and caused by the negligence of the Carrier
(b) Promptly
report to Hanson any clean up required and any damage caused by the surplus
material.
(c) The Carrier
will be liable for any charges or costs incurred in cleaning up any spillage,
including 3rd party claims arising from such spillages except
in circumstances where mixer or mixer control failure is proven to be the
cause.
Failure to report a concrete spill will be considered
as a serious environmental breach
7.5 Cash
on Delivery (COD)
(a) Collection of
COD
The Carrier shall endeavour to collect COD money from
COD customers for all concrete charges, including waiting time (if applicable)
in accordance with Hanson Cash Sale policies and procedures.
All moneys collected shall be submitted in full (as
soon as possible) to the plant manager or plant batcher, who shall immediately
issue the Carrier with a receipt.
The Carrier is not required to carry a float for the
purpose of providing a change facility.
Payment for Cash collection is included in the rates
payable
(b) COD Dispute
The Carrier shall immediately advise Hanson when a COD
payment is not collected or a dispute arises between the Carrier and the
customer.
(c) Due Care
The Carrier shall take all due care for any money
collected and is responsible for these monies until a Hanson staff member has
signed a receipt for these monies.
7.6 Breakdowns
It shall be the responsibility of the Carrier to advise
Hanson of a matter of urgency when a truck or mixer breakdown occurs. Should a
truck or mixer breakdown occur, then the Carrier will co-operate fully with Hanson
in order to avoid any damage to the mixer, but Hanson will have the principal
liability. The Carrier shall not have any responsibility for the removal of any
hardened concrete from the agitator.
If the Carrier’s truck breaks down the Carrier shall be
responsible for repairing the truck urgently. Such repair will be at the
Carrier’s expense.
8. Loading
8.1 Size
of Load
The Carrier shall accept for delivery to a customer any
load offered by Hanson that does not exceed the legal capacity of the vehicle
or the rated capacity of the agitator.
8.2 Loading
Order
(a) Rosters
Hanson shall implement starting, loading and vehicle
transfer rosters designed to maximise the efficiency of the delivery
fleet. These rosters may change from
time to time in consultation with Carrier Representatives without prejudice to
any individual Carrier, however the intent is to
ensure that all vehicles are assigned a fair share of deliveries subject to
fleet limitations or customer requests.
(b) Commencement
Time and Place
The daily initial loading time of the Carrier’s vehicle
and the initial plant from which such loading shall take place will be notified
by Hanson to the Carrier. It is the Carrier’s responsibility to obtain and
adhere to start times, this may require the Carrier to call a toll free number
after a set time each night to obtain the start time of the next day.
Hanson agrees to operate rosters in order to ensure, so
far as is reasonably possible in all the circumstances, utilisation of all
carriers utilised from time to time by Hanson is effective for all concerned in
cartage of product and does not prejudice any individual truck operator, be
they Hanson a subsidiary of Hanson or the Carrier.
(c) The initial
daily starting order will be in accordance with a cyclic roster which is:
i. A
roster made up of truck numbers, which determines the selection of a particular
truck for a load or function and is based on a cycle from the first truck
number to the last.
ii. When the cyclic
roster has been fully exhausted by each truck in that roster being allocated a
load or function the roster then changes so that the truck number that was
first becomes last. Each truck number is moved up one position in turn, and so
on - except following days where plant does not open for production.
iii. Each Carrier
will start the day, when not rostered off, in order of a single cyclic roster
and thereafter in order of return to plant.
iv. Trucks will
then be loaded in the order of their return to the plant (First In First Out) subject to breaks.
v. Where trucks
are required to transfer to another yard at the commencement of any business
day, trucks at the bottom of the roster will be transferred first. Where a
driver fails to transfer then it will be considered as a Breach subject to
clause 15.
vi. Subject to
truck type or property requirements, where a truck that is not a carrier under
this contract, or a Hanson truck or subsidiary of Hanson then that truck will
be rostered to start after the above trucks, and subject to truck type or
property will be first to be rostered off at the end of day.
The above will apply with the exception of:
vii. Single load or
Balance load greater than the mixer capacity or legal carrying capacity of the
truck next in line. The single load may be assigned to the 1st available truck
capable of carrying the load in a single load.
viii. To satisfy
Customer requirements such as load size, truck type or property.
ix. Trucks with
returned concrete greater than 0.8m3.
x. To gain over
all efficiencies of the fleet, by eliminating unnecessary loads with the
loading of high capacity Hanson Company Owned vehicles during times of peak
production.
8.3 Legal
Load Limits
The Carrier will assume responsibility for any breaches
in vehicle legal limits in relation to re-used concrete as Hanson has given the
Carrier the discretion to dump any concrete from the topped-up load that The
Carrier may deem to place them in breach of his vehicle’s legal load limit.
8.4 Use
of Despatch, Communication and GPS Technology
Hanson will use GPS and or other technology to optimise
the performance of the fleet. This may from time to time require the fitting of
additional equipment to the Carrier’s truck, and this equipment will remain the
property of Hanson. The Carrier shall take due care to ensure adequate
protection of the equipment and Hanson will be responsible for the maintenance
of such equipment.
The equipment fitted is to be operated and appropriate procedures
are to be followed by the Carrier as laid down by Hanson.
The Carrier consents to Hanson recording communication
made via this technology.
8.5 Scheduling
and Despatch
Hanson has policies and procedures in place to ensure
that the Carrier schedules are planned so that the Carrier is not induced or
encouraged to break any law in respect of speed or driving hours.
9. Safety
The Carrier shall ensure that it’s Nominated Driver and any
Relief Driver engaged by the Carrier follow and abide by all work procedures,
incident reporting and safety directives of Hanson. The Carrier and its
Nominated Driver and any Relief Driver must be available to attend all safety
training that Hanson may deem necessary.
The Carrier must fully co-operate and participate in any
incident investigations.
Failure to abide by work procedures and safety directives
may be regarded as a Breach.
9.1 Hazardous
Site
(a) Rights
The Carrier shall not be required to deliver a load
where the Carrier reasonably considers the delivery site to be unsafe or
hazardous. If such a situation is encountered the Carrier will immediately
notify the Customer Service Centre or Plant Despatch who will initiate the
procedure to remedy the situation. No following trucks are permitted to enter the
site until such time as the reporting Carrier or Hanson manager has deemed the
site safe.
9.2 Bogged
Vehicles
(a) Salvage
If the Carrier proceeds beyond the kerb to complete a delivery
and the vehicle becomes bogged or otherwise rendered inoperative as a
consequence of such attempted delivery, Hanson will arrange the services of an
experienced salvage operator to extricate the vehicle as soon as possible and
will bear all costs for those arrangements, except in circumstances where the
operator has failed to inspect the ground first, or has not followed marked
path or direction. The Carrier will make no claim against Hanson for time taken
to extract their vehicle, except in situations where the carrier is able to
demonstrate that they have been prevented from exercising their duty of care
(e.g. where a third party has given the Carrier poor directions, or prohibited
them from inspecting the ground) which resulted in their vehicle becoming
bogged, or where the Carrier is able to demonstrate they have duly notified the
customer of the risk.
(b) Appropriate
Insurance
Hanson shall ensure that the salvage operator selected
under paragraph (a) above is covered by the appropriate insurance policy to
rectify any damage that the salvage operator may cause to a vehicle during the
extrication process.
9.3 Injury
and / or Damage
Except in situations where the carrier is able to
demonstrate that they have been prevented from exercising their duty of care
(e.g. where a third party has given the Carrier poor directions, or prohibited
them from inspecting the ground first), or where the Carrier has duly notified
the customer of the risk of damage, then The Carrier shall be responsible for
any injury and / or damage to property, equipment or vehicle(s) arising from
any off-kerb delivery. So as to ensure
good customer and community relations, any damage costs payable to third
parties by the Carrier shall be settled without delay.
10. Uniforms
10.1 Driver
Presentation and Protective Clothing
The Carrier shall ensure that all Nominated Drivers and
Relief Drivers when performing work under this Contract will:
(a) Wear an
appropriate Hanson Uniform as provided (including high visibility shirts, trousers
and jackets as issued);
(b) Wear steel
toed lace-up safety boots;
(c) Wear Personal
Protective Equipment as required by Hanson or Customer Policy Procedures or
instructions;
(d) At all times
maintain a professional level of service and presentation of both personnel and
equipment which is consistent with Hanson’s own standards of service and
presentation.
10.2 Hanson
Provision
Hanson shall provide the following clothing per
vehicle:
(a) 6 days standard
uniform (Trousers, Shirts and Winter Jacket) will be issued at commencement of
contract. Uniforms will then be replaced on a reasonable wear & tear basis.
(b) Safety
equipment as required to undertake the role safely.
11. Painting and Signage
11.1 Hanson
Requirements
It is the Carrier’s responsibility to ensure that any
vehicle introduced within 5 years of the commencement date of this contract is
painted at their expense in accordance with Hanson branding requirements prior
to entering service. Thereafter if any vehicle is introduced to satisfy the age
requirements of clause 6.1 of this contract then Hanson will arrange, on a
one-off basis, to Paint the truck at their expense. It will be the
responsibility of the Carrier to Paint vehicles introduced for any other reason
according to Hanson Branding requirements. Signage and paint colour codes will
be provided by Hanson upon request.
Before The Carrier sells or disposes of their truck for
any reason, or where their contract has been terminated, they will present
their truck for removal of signage by Hanson.
11.2 Re-painting
If for reasons of fleet presentation, Hanson’s
Representative requires the vehicle to be re-painted then the Carrier shall at
their expense, paint the vehicle to a standard that is acceptable to Hanson. Fleet presentation criteria is assessed against other trucks
within the fleet of similar age.
If Hanson changes its fleet colours or signage during
the term of this Determination, Hanson shall bear all costs associated with any
repainting of vehicles that it requests.
12. Provision of
Agitator
12.1 Supply
Hanson shall give the Carrier the right of use of an
agitator for each vehicle with a rated mixing capacity of not less than 7 cubic
metres, in the Metro Area, and not less than 5 cubic metres in Country Areas.
12.2 Safe
Fitting
Hanson shall ensure the safe and proper fitting of an
agitator to the vehicle in accordance with the specifications of the vehicle
and agitator manufacturers.
12.3 Removal
If an agitator is required by Hanson to be removed or
replaced at any time the total cost of removal and of replacement shall be
borne by Hanson.
12.4 On-Going
The Carrier shall be responsible for an agitator being
properly secured to the vehicle after the initial installation.
12.5 Ownership
Agitators shall remain the property of Hanson. The
Carrier will not utilise the Agitator for any purpose other than that directed
by Hanson.
12.6 Cleaning
of Agitators and Vehicles
(a) General
The Carrier will ensure that it keeps all vehicles and
agitators clean and tidy to the satisfaction of Hanson.
Hanson will monitor the presentation and image of all
vehicles and agitators and may from time to time issue such reasonable
instructions as it thinks are necessary to ensure that the appropriate standard
of vehicle image and presentation maintained, which instructions shall be
complied with by the Carrier.
(b) Daily
During each working day an agitator shall be thoroughly
washed out by the Carrier and all external surfaces of the Agitator and Prime
Mover cleaned down and treated as to Hanson’s Satisfaction in preparation for
the next days work.
(c) Cleaning
Materials
All cleaning materials and equipment necessary for the cleaning
of an agitator shall be supplied by Hanson free of charge and the Carrier shall
ensure, and be responsible for, compliance with any and all statutory
requirements and regulations relating to the use of these cleaning materials.
12.7 Maintenance
(a) Reporting
of Faults
The Carrier shall report any and all apparent
requirements for maintenance of agitators to Hanson.
(b) Servicing of
Mixer
Hanson shall be responsible for the cost of servicing
the Mixer. The Carrier shall make the mixer available for servicing. Where a carrier is required to wait for his
vehicle they will be paid a stand by rate per hour or part thereof. If he is
not required to wait a means will be provided by the contractor at the Contractor’s
cost to convey the Carrier to his place of residence and return him to the
workshop as required.
(c) Major
Maintenance
Hanson shall be responsible for all major maintenance
to an agitator, in accordance with an agitator manufacturer’s recommendation.
When required by Hanson, the Carrier shall have an
agitator conveyed to a workshop for repairs and/or maintenance.
All work shall be completed as soon as possible and
without delay.
A means will be provided by Hanson at Hanson’s cost to
convey The Carrier to the plant where the days work began
and return to the workshop as and when required.
(d) Minor
Maintenance
The Carrier shall carry out minor maintenance, oil
level checks and regular greasing as per the manufacturers requirements. All
materials required to carry out minor maintenance and
greasing, including oil and grease will be supplied by Hanson.
The Carrier will be responsible for all maintenance and
replacement of clearance lights, globes and mud-flaps.
Mud flaps shall be supplied to the Carrier by Hanson free
of charge and it shall be the responsibility of the Carrier to have them fitted
to each vehicle.
(e) Damage to
Mixer
The Carrier shall be responsible for damage to a mixer
through their negligence, deliberate action or failure of their equipment.
(f) Build up
If the Carrier presents a mixer for repairs and
maintenance with hardened concrete build up on the outside of the mixer or its
components and the service agent is required to remove the said hardened
concrete to enable such repairs and maintenance to be carried out, the cost of
removal will be deducted from money’s due to the Carrier under this Contract.
(g) Alterations to
Mixer
The Carrier may not make any alterations to the mixer
without written consent from Hanson (eg hooks,
removal of ladder etc).
12.8 De-Dagging
(a) Responsibility
Hanson is responsible for the removal of hardened
concrete build-up from the inside of an agitator.
(b) Provision and
Cost
Hanson will provide a maintenance agreement at its cost
for up to two agitator de-dagging per 12-month period. This agreement will
cover the removal of up to 1.0 tonne of build-up in a 12 month period.
Any subsequent de-dagging deemed necessary by Hanson
shall be arranged for by Hanson and the costs will be charged to the Carrier at
the rate charged.
(c) Hours
All de-dagging will be conducted outside standard hours
unless otherwise as agreed between the Carrier and Hanson.
12.9 Transfer
of Mixer
The carrier will be paid for transfers to and from the
workshop at the standard transfer rate.
13. Contract
Administration
13.1 Contract
Administration Personnel
Hanson and the Carrier will provide to each other, and
maintain, a listing of prime personnel and their responsibilities involved in
the ongoing administration and performance of the cartage services required
under this Contract. This list will
include names and contact details as appropriate.
13.2 Superannuation
and Workers’ Compensation
The Carrier acknowledges that it is responsible for
compliance with all aspects of the law with regard to any employees engaged by
the Carrier in connection with cartage services. The Carrier agrees that Hanson
has no liability in respect of wages, accruals, superannuation or workers
compensation in respect of any employee of the Carrier.
13.3 Proper
Law and Jurisdiction
This Determination is governed by, and to be
interpreted in accordance with, the laws of the New South Wales and where
applicable the laws of the Commonwealth of Australia and the parties agree to
submit to the jurisdiction of the Courts of New South Wales and if applicable
the Commonwealth of Australia.
13.4 Confidential
Information
The Carrier acknowledges that all information relating
to past, current or future business interests, methodology, Hanson customer and
supplier details or affairs of Hanson is and will remain the sole and exclusive
property of Hanson. The Carrier shall
keep all such information confidential (except where such information is in the
public domain) and in particular will not disclose such information to any
other person except as required by law or with the written consent of Hanson
during or for a period of two years after termination of this Contract
13.5 Notices
Where a provision of this Contract requires or allows a
matter to be communicated by the Carrier to Hanson then that communication
shall be addressed to the Concrete Transport Manager or the person delegated by
the Concrete Transport Manager or Regional Logistics Manager.
13.6 Plant
Storage - the Carrier’s Equipment
Where possible Hanson will provide space for the
storage of the Carrier’s equipment that is reasonably necessary for the Carrier
to efficiently and effectively provide the cartage services required under this
Contract. Storage of the equipment is at the Carrier’s risk and Hanson shall
not be liable for any loss or damage to the Carriers equipment whilst stored or
left at any plant.
13.7 Tax
Invoices
Hanson as "Recipient" and the Carrier as
"Supplier" agree that in relation to supplies made pursuant to this
Contract:
(a) The Recipient
can issue tax invoices in respect of the supplies;
(b) The Supplier
will not issue tax invoices in respect of the supplies;
(c) The Supplier
acknowledges that it is registered for GST at all times during the life of the
cartage contract between the parties and that it will notify the Recipient if
it ceases to be registered;
(d) The Recipient
acknowledges that it is registered for GST at the date of commencement of this
Contract and that it will notify the Supplier if it ceases to be registered for
GST or if it ceases to satisfy any of the requirements of any Contracts or
rulings issued in relation to recipient created tax invoices.
13.8 GST
All payments to be made by Hanson hereunder are
calculated without regard to GST unless otherwise stated.
If a supply made by one party ("the
Supplier") to the other ("the Recipient") is subject to GST, the
Recipient agrees to pay to the Supplier an additional amount equal to the
Amount of the Consideration for the supply multiplied by the prevailing GST
rate.
The additional amount is payable at the same time and
in the same manner as the consideration for the supply to which the additional
amount relates.
The Supplier agrees to:
(a) comply with Part VB of the Trade Practices Act 1974; and
(b) refund any overpayment made by the Recipient under this
clause promptly after the actual amount of the overpayment is ascertained.
In this clause:
"Amount of the Consideration" means:
(i) the amount of any payment for a supply; and
(ii) in relation to non-monetary consideration, the GST exclusive
market value of that consideration.
13.9 Indemnity
The Carrier indemnifies Hanson against any loss,
liability or damage, whether direct or indirect, suffered or incurred by
Hanson, including any claims, losses, damages and costs, arising from or in
connection with the negligent or intentional act or omission, or breach of this
Determination by the Carrier or its officers, employees, agents or contractors.
13.10 Privacy
The Carrier hereby authorises Hanson to collect such
information from the Carrier as Hanson requires for the business of Hanson.
Hanson agrees that it will treat such information
collected as confidential and will only make disclosure of that information as
is required by law or as is reasonably necessary for the prudent and efficient
carriage of the business of Hanson.
14. Fleet Size
Subject to the terms of this Contract, Hanson shall have the
discretion to vary its fleet size, make up and location in any manner and for any
reason. Hanson shall consult with Contract Carrier representatives at the
earliest opportunity in regard to any proposal to change the fleet size.
15. Disciplinary
Procedure
The Carrier shall ensure that the nominated driver and all
employees of the Carrier work in a safe manner and follow all Policies,
Procedures, Management Direction and contractual obligations. Failure to do so
will constitute a breach. Matters not
outlined elsewhere in this determination that may also be considered as a
breach include, but are not limited to, performing designated work poorly,
refusal to carry out reasonable directions, lateness or chronic absenteeism,
abusive or discourteous communication with manager/supervisor of the business
or another employee or Carrier, or presenting to work in a condition rendering
the Carrier incapable of performing their designated tasks.
Subsequent to an investigation by Hanson into any breach not
considered a Material Breach the following process shall be implemented:
15.1 Warning
Process
(a) First Breach
Written warning from Hanson to the Carrier.
(b) Second Breach
Written warning from Hanson to the Carrier.
(c) Third Breach
If a third breach occurs Hanson will have the right to
terminate the cartage contract between the parties immediately without the
payment to the Carrier of any compensation.
16. Disputes
16.1 Dispute
Resolution
The following procedure for the avoidance and
settlement of disputes shall apply to all matters covered by this Contract other
than matters which are the subject of proceedings under clause 15.
The objective of the procedure is to prevent disputes
and to promote the resolution of disputes by measures based on consultation,
co-operation and discussion, to avoid interruption to the provision of cartage
services and the consequential loss of production and the cartage earnings of
the Carrier. Emphasis shall be placed on a negotiated settlement.
16.2 Procedure
for Dispute Resolution
It is understood and accepted by all parties to this
Contract that cartage services shall continue normally during all negotiations
and any necessary proceedings. Until the matter is resolved, and/or determined,
work will continue as normal, or as agreed by the parties;
alternatively as pursuant to an interim determination of the commission.
Neither party will be prejudiced as to the final settlement by the continuation
of work; subject to a Contract Carrier’s rights regarding health and safety
issues in accordance with the Act
Where a dispute arises the aggrieved party shall notify
the other in writing. The following
procedure shall apply:
(a) When there is
a disagreement, the Carrier shall attempt to resolve the matter by negotiating
with the authorised Hanson representative on site.
(b) In the event
of the dispute not being resolved under clause 16.2 (a) within 7 days of the
receipt of the notice the following shall apply:
(i) Discussions
involving the Carrier’s Representative and Hanson’s Representative shall take
place. If requested the Carrier and
Hanson may have independent legal or other professional representation.
(ii) Either party
shall be entitled to alter its representation. Notwithstanding the existence of
a dispute or difference each party shall continue to honour their respective obligations
under this Contract.
(c) If the matter
is still not settled, it may be submitted by one of the Parties to the
Commission which may conciliate the matter.
(d) The Commission
may make a determination, which is binding on the Parties, where there is no
likelihood that within a reasonable period conciliation or further conciliation
will result in agreement. Any outcome imposed shall not be in breach of the
National Code of Practice for the Construction Industry and Industry Guidelines
as well as any legislative obligations
(e) The above
steps do not preclude reference of a dispute to the Commission at any stage of
this procedure if one of the Parties believes it necessary. In these
circumstances, the Commission will retain its discretion to refer the Parties
back to a continuation of this procedure where the Commission considers that
course appropriate.
(f) Should the New
South Wales Industrial Relations Commission cease to exist or for whatever
reason be unable to carry out conciliation and or arbitration functions the
parties agree to seek an alternate provider to conduct conciliation and
arbitration functions pursuant to the above clause.
17. Termination or
Assignment of Contract
17.1 Assignment
of Contracts of Carriage/Determination
The Carrier must not assign this Determination to
another party without obtaining the prior written consent of Hanson, which
consent may be given or withheld in Hanson’s absolute discretion.
Permission will not be granted to a Carrier to assign a
contract where the vehicle operated by the Carrier does not meet the
requirements set out under the contract.
In the event that Hanson does not approve the
assignment of contract, the Carrier has the option to cancel the contract, or
continue to fulfil his contractual obligations. Where the Carrier decides to
cease his service and does not elect to assign the Contract pursuant to the
terms contained in this Determination, the Carrier shall provide Hanson’s no
less than one months’ notice of their intention to terminate the Contract.
Hanson will arrange for the removal of all Hanson owned equipment and signage;
the Determination will terminate at that point in time with no penalty cost to
either party.
Where the Carrier assigns their contract on the open
market, Hanson and the Carrier acknowledge that there is no Goodwill or other
Premium included in the contract.
Any third party assignee introduced by the Carrier must
be approved by Hanson. The proposed nominated driver of the assignee will be
required to pass a pre-engagement medical and submit to a check of their
relevant history.
Should Hanson introduce new carriers to the fleet after
the commencement of this contract then those carriers will not be able to
assign their contract on the open market.
17.2 Termination
upon Insolvency
Hanson may, by notice in writing, terminate the cartage
contract of the Carrier immediately if the Carrier becomes insolvent within the
meaning of the Corporations Act 2001.
17.3 Termination
of Contracts of Carriage for Commercial Reasons
If Hanson for any reason other than under the terms of
this contract decides to terminate a contract of carriage of a Carrier then a
termination payment on the following scale will be made to the Carrier and the
Contract shall terminate forthwith.
(a) 0 - 12 months
from commencement of contract Hanson shall pay $66,000
(b) 13
- 24 months from commencement of contract Hanson shall pay $55,000
(c) 25 - 36 months
from commencement of contract Hanson shall pay $44,000
(d) Thereafter Hanson
will make payment of the equivalent of 66% of 16 weeks earnings averaged over
the preceding 12 months of operation.
For carriers introduced to the fleet after the
commencement of this contract, only (d) applies.
17.4 Termination
of Contracts of Carriage for Material Breach or Serious Misconduct
Notwithstanding clause 15.1, in the event of a breach
by the Carrier or any of its Nominated Drivers of any safety or other
operational procedure notified by Hanson which is a Material Breach, or amounts
to serious misconduct, Hanson retains the right to terminate the cartage
contract between the parties immediately and without payment of monetary
compensation to the Carrier. This right may be exercised by Hanson following an
investigation of the breach by Hanson during which the Carrier may be stood
down with or without compensation during the period of the investigation.
Examples of serious misconduct include, but are not
limited to:
Violent or threatening behaviour to customers, Hanson
employees, or other Carriers;
Engaging in conduct that causes, or is likely to cause,
in the reasonable opinion of Hanson, damage to the business or reputation of
Hanson;
A serious safety breach;
A serious environmental breach;
Theft of money, product or property;
Being in possession of drugs of intoxification
in the workplace;
Being under the influence of drugs of intoxification or alcohol while in the workplace;
Refusal of Drug & Alcohol test.
18. Amenities
All amenities are to comply with relevant legislation and to
be not less than those enjoyed by an employee under the award. The appropriate
facilities should be maintained and kept thoroughly clean and hygienic at all
times by the Contractor. Carriers will conduct themselves in a tidy and
appropriate manner.
19. Safety Net
(a) An earnings
safety net and guaranteed minimum earnings of $100,498 per annum during the
term of the Contract of Carriage will apply.
The safety net will be administered on an annual basis,
in accordance with sub clause (iv) below, i.e. there
will be adjustments up or down from quarter to quarter, as appropriate. Reviews
will occur as part of each Rise & Fall review. As at 1 January 2014 the
current annual net earnings level below which a safety net payment will be due
is $100,498.
(i) A
Carrier who earns less than $25,124 in a quarter is entitled to a make-up
payment for that quarter so that the earnings of the Carrier will equate to
$25,124.
(ii) The make-up
payment will be made in the pay period following the end of the relevant
quarter.
(iii) When a
Carrier has been paid a make-up payment under this Safety Net Scheme then the
Carrier is obliged to refund the make-up payment to the Contractor if the
Carrier earns more than the minimum level of earnings in the following quarter
or quarters. However at the end of the financial year (i.e. 30 June) the
calculation ceases and then a new year is deemed to begin. Calculations are not
carried forward to successive years. The contractor is duly authorised to
deduct such safety net make-up payments from the carrier’s remittance where
applicable.
(iv) The
amount referred to in (a) (i) above as the annual net
earnings level will be adjusted annually in accordance with movements in the
rise and fall formula.
(b) When a Carrier
is "unavailable" (as explained in clause 19 (c) his safety net will
be reduced by $350.00 per day for each day he is unavailable in that quarter to
a maximum of $25,124 per quarter (as adjusted as aforesaid in accordance with
movements in the rise and fall formula contained in Appendix A.
(c) A Carrier will
not deemed unavailable for the purposes of safety net adjustment if
(i) The
agitator is unserviceable, except through damage by the Carrier
(ii) The Carrier
is on a period of approved Leave
(iii) The Carrie is
notified prior to the commencement of work that he is not required of is
rostered off at the discretion of the Contractor
(iv) The
Carrier takes a Gazetted public holiday
Appendix A
UTILISATION & RISE AND FALL CALCUALTION
|
Period
|
1st January 2014 -
31st July 2014
|
|
|
|
Regional
Information
|
Amount
|
|
Lead
|
10.4
|
|
Utilisation
|
1000
|
|
KM Travelled
|
20840
|
|
|
Cost Category
|
Amount (totals $
p.a.)
|
|
|
|
|
|
Ownership
|
|
$24,640.00
|
|
|
Truck Purchase Price
|
$154,000.00
|
|
|
Depreciation
|
|
|
|
80% of Purchase Price
|
$123,200.00
|
|
|
Depreciation 10% p.a. flat rate
|
$12,320.00
|
|
|
Interest
|
|
|
|
Finance Cost
|
8%
|
|
|
Interest paid p.a. flat rate
|
$12,320.00
|
|
|
|
|
|
Fuel
|
|
$21,384.68
|
|
|
Fuel Cost ($/L) excl GST
|
$1.48
|
|
|
Rebate On Road Use ($/L)
|
$0.12
|
|
|
Rebate Off Road Use ($/L)
|
$0.14
|
|
|
On Road Fuel Consumption (%)
|
60%
|
|
|
Off Road Fuel Consumption (%)
|
40%
|
|
|
Fuel Consumption Rate (km/L)
|
1.3
|
|
|
Litres Used p.a.
|
16031
|
|
|
|
|
|
Tyres
|
|
$3,030.75
|
|
|
Current Single Tyre Cost (SP350A)
|
$484.77
|
|
|
Current Cost for 12 Tyres
|
$5,817.18
|
|
|
Expected Tyre Life (Km )
|
40,000
|
|
|
% of Tyre Life Used
|
52%
|
|
|
|
|
|
Insurance
|
|
$10,864.17
|
|
|
Comprehensive ($ p.a.)
|
$7,223.72
|
|
|
Public Liability ($ p.a.)
|
$659.45
|
|
|
Compulsory Third Party ($ p.a.)
|
$2,981.00
|
|
|
|
|
|
Workers Compensation
|
$2,113.27
|
|
|
|
|
Annual Inspection
|
$0.00
|
|
|
|
|
Registration
|
$1,393.44
|
|
|
|
|
Repair and Maintenance
|
$10,000.00
|
|
|
Payments per Loads
|
$10.00
|
|
|
|
|
|
Salary
|
|
$52,561.49
|
|
|
Hourly rate (grade 5 RT&D award)
|
$20.22
|
|
|
Weekly Salary (38hrs )
|
$768.36
|
|
|
Annual Salary (52 weeks p.a.)
|
$39,954.72
|
|
|
Superannuation %
|
9%
|
|
|
Superannuation $
|
$3,695.81
|
|
|
Overtime
|
|
|
|
Overtime per week (hours)
|
5.65
|
|
|
Overtime at time and a half p.a. (hours)
|
293.8
|
|
|
Overtime paid at time and a half p.a.
|
$8,910.95
|
|
|
Overtime at double time p.a. (hours)
|
0
|
|
|
Overtime paid at double time p.a.
|
$0.00
|
|
|
|
$8,910.95
|
|
|
|
|
|
Admin and Management Fees
|
$3,500.00
|
|
|
|
|
|
Profit
|
|
$7,121.83
|
|
|
Total costs
|
$129.487.80
|
|
|
Agreed Profit Rate
|
5.50%
|
|
|
|
|
Total Running Costs per Truck
|
$137,609.63
|
|
Total # Deliveries per Truck
|
1000
|
|
Standard Load Rate
|
$136.610
|
|
|
|
|
Extra Distance Payment (increment per 5km, avg. 2.5km)
|
$19.484
|
|
|
Km's Travelled per Truck p.a. (loaded)
|
10420
|
|
|
Annual Salary
|
$52,561.49
|
|
|
Total tyre replacement cost p.a.
|
$3,030.75
|
|
|
Total fuel cost p.a.
|
$21,384.68
|
|
|
Cost per km
|
$7.79
|
APPENDIX B
Additional Charges and Corrections
|
Appendix B
|
|
|
|
|
|
|
|
|
|
Effective
|
1st January 2014 - 31st July 2014
|
|
|
|
|
|
|
|
|
Item
|
|
6W
|
8W
|
|
A
|
Standard Load
Rate (SLR)
|
130.36
|
136.61
|
|
B
|
Extra Distance
Payment (EDP)
|
18.64
|
19.48
|
|
C
|
Agitator in
Workshop
|
31.89
|
32.69
|
|
D
|
Stand-By Rate
|
30.33
|
30.33
|
|
E
|
Outside Hours
Surcharge
|
65.18
|
68.31
|
|
F
|
Waiting Time
|
1.08
|
1.10
|
|
G
|
Transfer Fee Metro
(per 15km)
|
32.59
|
34.15
|
|
H
|
Transfer Fee
Country
|
$1.44
|
$1.65
|
|
|
|
|
|
|
|
Safety Net Per
Annum
|
$90,002.13
|
$91,572.37
|
|
|
Safety Net per
Quarter
|
$22,500.53
|
$22,893.09
|
APPENDIX C
Rise and Fall Adjustment
Definitions, Frequency and Methodology
|
Rise and Fall Element
|
Review Freq.
|
Definition
|
Method of Review / Calculation
|
|
Lead
|
fixed
|
Typical lead from plant to job as defined at the
|
N/A
|
|
|
|
commencement of Contract
|
|
|
Utilisation
|
6 monthly
|
The average number of loads carted per truck over the preceding
|
• The utilisation rate is calculated only on the performance
of
|
|
|
|
12 months
|
trucks which have been located in the fleet in question
for the
|
|
|
|
|
twelve (12) months prior to the calculation
being performed.
|
|
|
|
|
• Trucks which are transferred between fleets will not be
included
|
|
|
|
|
in the calculation until those trucks have been in that
fleet for
|
|
|
|
|
twelve (12) months.
|
|
Km's Travelled per Truck
|
Calculated
|
distance travelled by the truck in a year based on lead &
number
|
2 x Defined lead x Utilisation
|
|
|
|
of loads, including return run
|
|
|
OWNERSHIP
|
|
|
|
|
Hanson LOD Purchase Price
|
Fixed
|
Hanson LOD purchase price for standard specified truck at
the
|
Price set at start of Contract
|
|
(GST excl)
|
|
commencement of Contract
|
|
|
Depreciation
|
|
|
|
|
80% of Purchase Price
|
Fixed Calculation
|
|
based on a 20% residual value - used for depreciation calculations
|
|
Depreciation 10% p.a. flat
rate
|
Fixed Calculation
|
|
10% straight line depreciation
|
|
Finance Cost
|
|
|
|
|
Finance rate
|
Fixed
|
8% long term average
|
|
|
Interest paid p.a. flat rate
|
Fixed Calculation
|
|
Finance rate x Hanson LOD Purchase Price
|
|
FUEL
|
|
|
|
|
Fuel Cost ($/L) incl GST
|
3 monthly
|
Price of Diesel Fuel as available to Hanson as defined by
their
|
Where bulk fuel is available to the entire fleet bulk fuel
rates will
|
|
|
|
primary supplier net of GST & diesel fuel rebate or
other rebate
|
apply.
|
|
|
|
|
Where bulk fuel is not available Hanson Starcard or equivalent
|
|
|
|
|
supplier card rate will apply.
|
|
Fuel Cost ($/L) excl GST
|
Fixed Calculation
|
|
|
|
Rebate ($/L)
|
6 monthly
|
Rebate $/litre
|
Defined Government Rebates
|
|
Fuel Consumption Rate (km/L)
|
Fixed
|
Fuel usage km/litre
|
Engine Manufacturer Specified Fuel Consumption for specified
|
|
|
|
|
Truck
|
|
Litres Used p.a.
|
Fixed Calculation
|
Fuel Consumed per year based on kilometres travelled
|
KM travelled per truck/Fuel Consumption rate
|
|
TYRES
|
|
|
|
|
Single Tyre Cost
|
6 Monthly
|
Hanson tyre rate from preferred supplier
|
Obtain price from preferred supplier
|
|
(SP350A or equivalent)
|
|
|
|
|
Cost for 12 Tyres
|
Fixed Calculation
|
|
12 x single tyre cost
|
|
|
|
|
|
|
Expected Tyre Life (Km)
|
Fixed
|
typical expected life of tyre
|
Set at start of contract
|
|
% of Tyre Life Used
|
Fixed Calculation
|
amount of tyre wear based on KM travelled
|
KM travelled/expected tyre life (KM)
|
|
|
|
|
|
|
INSURANCES
|
|
|
|
|
Comprehensive ($ p.a.)
|
Annual
|
Insurance premium for 80% of Hanson LOD truck cost with 5
|
quotes through agreed insurance broker
|
|
|
|
year no claim
|
|
|
Public Liability ($ p.a.)
|
Annual
|
Cost of premium as per required amount incl
agi extension and
|
quotes through agreed insurance broker
|
|
|
|
wrong delivery)
|
|
|
Compulsory Third Party ($
p.a.)
|
Annual
|
Cost of Third Party insurance as required
|
quotes through agreed insurance broker
|
|
WORKERS COMPENSATION
|
Annual
|
Cost of Workers Compensation insurance
|
From WorkCover
|
|
ANNUAL INSPECTION
|
Annual
|
Annual Cost of Roadworthy Inspection
|
|
|
REGISTRATION
|
Annual
|
Cost of registration for specified truck type
|
Contact registration authority for cost for 4 axle rigid with
GVM
|
|
|
|
|
for Hanson Specified truck
|
|
REPAIRS AND
|
Calculation
|
allowance for annual cost of repairs and maintenance - will
vary
|
fixed rate per load x number of loads
|
|
MAINTENANCE
|
|
dependant on utilisation.
|
|
|
Payment per Loads
|
Fixed
|
per load allowance for annual cost of repairs and
|
Fixed at start
|
|
|
|
maintenance - averaged over the life of the contract
|
|
|
WAGES
|
|
|
|
|
Hourly rate (grade 5 RT&D
award)
|
6 monthly
|
Hourly rate for Grade 5 Road Transport and Distribution
Award
|
|
|
Weekly Salary(38hrs)
|
calculation
|
weekly wages based on 38 hour week
|
38 x hourly rate
|
|
Annual Salary(52
weeks p.a.)
|
calculation
|
Annual Salary
|
52 x weekly salary
|
|
Superannuation %
|
6 monthly
|
Statutory Superannuation contribution levels
|
Is dependent on the current Superannuation Contribution
|
|
|
|
|
Guarantee rate
|
|
Superannuation $
|
calculation
|
Superannuation cost per annum based on ordinary time earnings
|
|
|
OVERTIME
|
|
|
|
|
|
Overtime per week (hours)
|
calculation
|
hours overtime worked per week
|
scale based on utilisation fixed at start of contract
|
|
|
Overtime at time and a half p.a.
|
calculation
|
number of time and a half hours worked p.a.
|
first 12 hours of overtime worked x 52
|
|
|
(hours)
|
|
|
|
|
|
Overtime paid at time and a half
p.a.
|
calculation
|
overtime cost based on time and a half hours worked
|
number time and half hours p.a. x 1.5 x hourly rate
|
|
|
Overtime at double time p.a. (hours)
|
calculation
|
number of double time hours worked p.a.
|
overtime hours worked less 12 x 52
|
|
|
|
|
|
|
|
Overtime paid at double time p.a.
|
calculation
|
overtime cost based on time and a half hours worked
|
overtime hours worked at double time p.a. x 2 x hourly rate
|
|
|
Total Overtime paid p.a.
|
calculation
|
Total overtime cost based on all overtime hours
|
overtime paid at time and a half + overtime paid at double
time
|
|
|
ADMIN AND
|
Fixed
|
Allowance for all management and administration costs
|
Fixed allowance agreed at start of contract
|
|
|
MANAGEMENT FEES
|
|
incurred - postage,
accounting etc.
|
|
|
|
PROFIT
|
Calculation
|
Profit component
|
Profit rate x total costs
|
|
|
Total costs
|
Calculation
|
Annual cost of operating truck as per this rise and fall
|
Sum of all cost components in this rise and fall
|
|
|
Profit Rate
|
Calculation
|
|
% of total ownership and running costs on sliding scale based
on
|
|
|
|
|
|
utilisation
|
|
|
|
|
|
|
|
APPENDIX D
Utilisation Rates
GVM
23 Ton
Utilisation rates
GVM > 28 Ton
Transitional
Hanson will use data from the 12 month period prior to the
commencement of this Contract to calculate the number of loads delivered per truck.
These loads shall be incorporated into a MAT sheet which will be used to
calculate the average number of loads for the fleet and will apply for the
first term of this Determination and thereafter until 12 months has elapsed.