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Boral Transport Owner Driver AgreementThe TWU has successfully negotiated a new Owner Driver Agreement for all of its members at Boral Transport. On Monday 15 December at a meeting of the Union’s Boral members, the members unanimously resolved to accept the Boral Agreement negotiated by the Union. The negotiation process has been long and at times difficult with the Union reviewing multiple drafts of the Agreement.
The Agreement which has been negotiated provides you with additional rights and protections to what you had under your previous agreement and to the initial agreements proposed by Boral. The Union’s success was assisted by the Owner Drivers and Forestry Contractors Act 2005 and the Owner Drivers and Forestry Contractors Code of Practice 2006.
What does the Boral Agreement do for you?
Supervision of Personnel – you only need to use your best endeavours to ensure that the nominated driver performs the Agreement.
Right to Refuse Unsafe Work – you have the right to refuse to do work where it is unsafe or in breach of any law.
Painting Vehicles – you may choose to leave your vehicle white as manufactured or you may pay to have your vehicle painted in Boral’s livery.
GPS Tracking Devices – Boral may only use such a device for business related matters (eg compliance with vehicle safety, driving hours, road safety). Boral cannot use the device to manage your performance and you are entitled to turn the device off after hours.
Training – you and your nominated driver need only attend training where it relates to occupational health and safety matters.
Medical Assessments – if you are over 50 or working more than 50 hours, you need to be medically assessed once a year. If you are under 50 and working less than 12 hours you need to be medically assessed every two years. You may choose whether to use your own doctor or Boral’s doctor. If you choose Boral’s doctor, Boral will pay the medical fees.
Cleanliness of Vehicle – you only need to use your best endeavours to keep your vehicle clean and weather and water restrictions will be taken into account.
Reasonable Requirements – you only have to perform work which is reasonable. This clause overrides all other clauses in the Agreement.
Assignment – Boral may not unreasonably withhold its consent from assignment of the agreement.
Immediate Termination – this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. You can only be immediately terminated where you engage in serious and willful misconduct (eg conviction of criminal offence, repeated failure to perform the agreement).
Suspension - this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. For example you may be suspended if you cease to hold an appropriate licence, your vehicle is unroadworthy or you breach the agreement.
Dispute Resolution - this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. You have the right to mediate at the Small Business Commissioner’s office any matter which arises under this Agreement.
Breach of Law – Boral cannot direct you to perform any act which is or is likely to result in a breach of the law.
Limits of Liability – this clause enabled Boral to avoid any liability it owed to you. The Union successfully negotiated the removal of this clause
Indemnity – this clause imposed onerous liability requirements on you. The Union successfully negotiated the removal of this clause.
Insurance – originally these clauses restricted your rights. These restrictions have been removed. Boral’s only right is to be named as an additional party on your insurance policies
Confidential Information – the definition of confidential information reflects the definition in the Model Agreement developed by the Transport Industry Council. You must keep confidential commercial or technical information relating to Boral’s business.
Immediacy – most of the requirements to do things immediately have been removed and instead you will need to act as soon as reasonably practicable or promptly depending on the circumstances.
The Union will use many of the provisions negotiated in the Boral Transport Agreement as a model for future negotiations with other hirers.
We remind you that if any issues arise in relation to this Agreement the Union will assist you to obtain an outcome either through direct negotiation with Boral Transport or through mediation at the Small Business Commissioner’s Office.
The Boral Agreement was made possible through a vote of members and the support of delegates, members and the Union. We thank all those who participated in the process.
The Agreement which has been negotiated provides you with additional rights and protections to what you had under your previous agreement and to the initial agreements proposed by Boral. The Union’s success was assisted by the Owner Drivers and Forestry Contractors Act 2005 and the Owner Drivers and Forestry Contractors Code of Practice 2006.
What does the Boral Agreement do for you?
Supervision of Personnel – you only need to use your best endeavours to ensure that the nominated driver performs the Agreement.
Right to Refuse Unsafe Work – you have the right to refuse to do work where it is unsafe or in breach of any law.
Painting Vehicles – you may choose to leave your vehicle white as manufactured or you may pay to have your vehicle painted in Boral’s livery.
GPS Tracking Devices – Boral may only use such a device for business related matters (eg compliance with vehicle safety, driving hours, road safety). Boral cannot use the device to manage your performance and you are entitled to turn the device off after hours.
Training – you and your nominated driver need only attend training where it relates to occupational health and safety matters.
Medical Assessments – if you are over 50 or working more than 50 hours, you need to be medically assessed once a year. If you are under 50 and working less than 12 hours you need to be medically assessed every two years. You may choose whether to use your own doctor or Boral’s doctor. If you choose Boral’s doctor, Boral will pay the medical fees.
Cleanliness of Vehicle – you only need to use your best endeavours to keep your vehicle clean and weather and water restrictions will be taken into account.
Reasonable Requirements – you only have to perform work which is reasonable. This clause overrides all other clauses in the Agreement.
Assignment – Boral may not unreasonably withhold its consent from assignment of the agreement.
Immediate Termination – this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. You can only be immediately terminated where you engage in serious and willful misconduct (eg conviction of criminal offence, repeated failure to perform the agreement).
Suspension - this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. For example you may be suspended if you cease to hold an appropriate licence, your vehicle is unroadworthy or you breach the agreement.
Dispute Resolution - this clause has been re-worded to reflect the provisions in the Model Agreement developed by the Transport Industry Council. You have the right to mediate at the Small Business Commissioner’s office any matter which arises under this Agreement.
Breach of Law – Boral cannot direct you to perform any act which is or is likely to result in a breach of the law.
Limits of Liability – this clause enabled Boral to avoid any liability it owed to you. The Union successfully negotiated the removal of this clause
Indemnity – this clause imposed onerous liability requirements on you. The Union successfully negotiated the removal of this clause.
Insurance – originally these clauses restricted your rights. These restrictions have been removed. Boral’s only right is to be named as an additional party on your insurance policies
Confidential Information – the definition of confidential information reflects the definition in the Model Agreement developed by the Transport Industry Council. You must keep confidential commercial or technical information relating to Boral’s business.
Immediacy – most of the requirements to do things immediately have been removed and instead you will need to act as soon as reasonably practicable or promptly depending on the circumstances.
The Union will use many of the provisions negotiated in the Boral Transport Agreement as a model for future negotiations with other hirers.
We remind you that if any issues arise in relation to this Agreement the Union will assist you to obtain an outcome either through direct negotiation with Boral Transport or through mediation at the Small Business Commissioner’s Office.
The Boral Agreement was made possible through a vote of members and the support of delegates, members and the Union. We thank all those who participated in the process.
