Fleet Mix Change Sample Clauses
Fleet Mix Change. 16.1 Changing Fleet Mix - Mandatory Consultation
(a) This clause applies where a Principal Contractor has made a definite decision to make a fleet mix change that is likely to have significant effects on Contract Carriers.
(b) For a fleet mix change referred to in paragraph 16.1(a):
(i) the Principal Contractor must notify the relevant Contract Carriers of the decision to change the fleet mix; and
(ii) subclauses (c) to (h) apply.
(c) The relevant Contract Carriers may appoint a representative for the purposes of the procedures in this clause.
(d) If:
(i) a relevant Contract Carrier appoints, or relevant Contract Carriers appoint, a representative for the purposes of consultation; and
(ii) the Contract Carrier or Contract Carriers advise the Principal Contractor of the identity of the representative;
(iii) the Principal Contractor must recognise the representative.
(e) As soon as practicable after making its decision, the Principal Contractor must:
(i) discuss with the relevant Contract Carriers:
(A) the proposed change to the fleet mix; and
(B) the effect the change is likely to have on the Contract Carriers; and
(C) measures the Principal Contractor is taking to avert or mitigate the adverse effect of the change on the Contract Carriers; and
(ii) for the purposes of the discussion, provide in writing to the relevant Contract Carriers:
(A) all relevant information about the change including the nature of the change proposed; and
(B) information about the expected effects of the change on the Contract Carriers; and
(C) any other matters likely to affect the Contract Carriers.
(f) However, the Principal Contractor is not required to disclose confidential or commercially sensitive information to the relevant Contract Carriers.
(g) The Principal Contractor must give prompt and genuine consideration to matters raised about the change by the relevant Contract Carriers.
(h) In this clause, a "fleet mix change" arises:
(i) when a Principal Contractor decides to introduce a new transport type into their fleet being one or more of the following transport types:
(A) Contract Carriers; or
(B) Drivers employed by the Principal Contractor; or
(C) third party transport providers;
(ii) when a Principal Contractor introduces into their fleet a new Vehicle configuration.