Cartage Rates. 4.1. Cartage rates payable to Country Carriers:
a) The Contractor shall pay to a Country Carrier the Country Area utilisation cartage rates ("the utilisation rates") set out in Schedule A hereto. All surcharges, as described in schedule C, are included in the rate as shown in Schedule A, except for the following :
i) transfers in excess of 30km, as provided for under clause 7.4;
ii) waiting time if a truck is bogged under Clause 10.2.
iii) Out of Hours Penalty Rates for Sundays and Public Holidays.
b) Between 1st March 1996 and 31st March 1996 the per annum utilisation rate specified in Schedule A for the average M3 for the particular plant for the period 1st January 1995 to 31st December 1995 shall be payable by the Contractor to the Carrier.
c) On and from 1st April 1996 and on and from the 1st day of every subsequent quarter during the term of the Contract of Carriage, the Country Carrier fleet average utilisation rates (for each plant) as adjusted for the previous quarter (calculated on a moving annual total basis in the applicable band as shown in Schedule A) shall be payable by the Contractor to the Carrier, effective from the commencement of the second cartage period in the month of review.
d) The utilisation rates paid shall be based on the plant Carrier fleet average paid m3 for the previous quarter at the plant carrier fleet availability determined in accordance with Clause 4.19.
e) The cartage rates shall be reviewed on 1st May 1996 and thereafter half-yearly based on increases or decreases in the cost formula set out in Schedule A hereto. In the event that agreement cannot be reached as a result of the review referred to in this clause then the question of an increase or decrease in the cost formula set out in Schedule A shall be referred to the Arbitrator appointed pursuant to Clause 24 of this agreement.
4.2. Benefits included in the cartage rates:
a) The following are provided for in the rates payable to Carriers under this agreement:
i) All benefits and entitlements under the Award; and
ii) Leave entitlements as follows:
Cartage Rates. 4.1. Cartage rates payable to Sydney Carriers:
a) The Contractor shall pay to a Sydney Carrier the Sydney Metropolitan Area utilisation cartage rates ("the utilisation rates") set out in Schedule A hereto. All transfers, waiting time and surcharges, as described in Schedule C, are included in the rate as shown in Schedule A, except for the following:
i) transfers outside the Sydney Metropolitan Area;
ii) surcharges as provided under Clause 4.12;
iii) waiting time if a truck is bogged under Clause 10.2.
b) Between 1st January 1995 and 31st March 1995 the 4,500m3 per annum utilisation rate specified in Schedule A shall be payable by the Contractor to the Carrier.
c) On and from 1st April 1995 and on and from the 1st day of every subsequent quarter during the term of the Contract of Carriage, the Sydney Carrier fleet average utilisation rates as adjusted for the previous quarter (calculated on a moving annual total basis in the applicable band as shown in Schedule A) shall be payable by the Contractor to the Carrier.
d) The utilisation rates paid shall be based on the Sydney Carrier average paid m3 carted, calculated over the Sydney Carrier fleet but excluding those Carriers who have an availability less than ninety five percent (95%) of required working days in the relevant quarter.
e) The cartage rates shall be reviewed on 1st May 1995 and thereafter half-yearly based on increases or decreases in the cost formula set out in Schedule A hereto. In the event that agreement cannot be reached as a result of the review referred to in this clause then the question of an increase or decrease in the cost formula set out in Schedule A shall be referred to the Arbitrator appointed pursuant to Clause 24 of this agreement.
4.2. Benefits included in the cartage rates:
a) The following are provided for in the rates payable to Carriers under this agreement:
i) All benefits and entitlements under the Award; and
ii) Leave entitlements as follows:
Cartage Rates. Sub-Contractors cartage rates will be in accordance with the entitlements set out in Appendix 3 to this Agreement.
Cartage Rates. 4.1. PRS will pay the Regular Contract Carriers a cartage fee in accordance with the rates as detailed in Appendix A to this Agreement.
4.2. Nightshift cartage rates shall be as detailed in Appendix A to this Agreement.
4.3. Hourly rates and waiting time shall be as detailed in Appendix A to this Agreement.
4.4. PRS shall be under no obligation to offer back loads at any time.
4.5. Where specific project work for cartage greater than 10,000t arises alternative cartage rates than those rates detailed in Appendix A may be negotiated between the parties.
4.6. Where Regular Contract Carriers agree to provide cartage services in areas outside the metropolitan area, the cartage rates that apply in those areas will be the applicable rates for all cartage performed by the Regular Contract Carriers in those areas.
4.7. Only relevant and authorised PRS personnel and customer representatives are allowed to sign relevant sections on Delivery Dockets and Contract Carrier claim books. Any fraudulent activity will be dealt with according to State and Federal Law.
4.8. Rise and fall revisions shall be conducted six (6) monthly on or around the 1st March and 1st September each year and any increase shall be mutually agreed between the parties using the agreed formulae in Appendix D
