Major Works Contract
The CMPA expressed great concern over the implications of recent changes to the VicRoads specifications. The issue of most concern was the increased role of post compaction results being interwoven into the specifications at the job site, after the material is out of the supplier’s control. The clear distinction of the supplier being confident about a specification to adhere to and the contractor accepting the material within finite specification boundaries was the starting point for this project.
This initiative has created an all-encompassing document to foster the best possible supply practices in our industry. The document is designed to enable suppliers to have commonality of documentation when entering into agreements concerning projects with a supply value in excess of $80,000. It creates a contractual environment which ensures that contractors and suppliers to major projects are fulfilling their responsibilities to each other.
Transport Contract
Developed to assist Members in complying with the Owner Drivers and Forestry Contractors Act 2005 and Chain of Responsibility requirements. Since 1 May 2007 all users of owner driver vehicles throughout Victoria have been required to have a contract with the owner-driver. The CMPA’s contract has been designed to comply with legal requirements and ease construction material processing business costs. The contract is designed as a template for negotiation between construction material processing owners/operators and transport owner-drivers.
The contract’s clarity on the division of responsibility and the obligations of the supplier and the owner-driver removes issues stemming from what were previously often oral agreements. Furthermore, the contract assists compliance with road transport Chain of Responsibility laws which cover the transport of materials.
Cartage Contractors in Extractive Industry
The Cartage Contracts in Extractive Industry support document was produced as a result of the Transport Forum held in 2005 which was held to pool resources to assist Members in having a full understanding of how to assemble common cost bases to subsequently create their own customised cartage rates.
Click here to download the document.
Health Assessment Pack
Our industry requires a certain level of fitness and health before commencing work and it is essential that this level is maintained. Furthermore, owners and managers require a clear and consistent method of ensuring that their operations are not causing illness in their employees. It is with this in mind that the CMPA has established pre-employment, routine, and exit health assessments.
To support these assessments, guidance material specifically for the General Practitioner has been developed.
Acts & Regulations Pack
The purpose of the pack is to supply Members with a comprehensive collection of Acts and Regulations that they are required by law to hold on their sites. This collection will change from time to time, and includes legislation from both a state and federal level.
Lease Agreements
The CMPA and Nevett Ford Lawyers developed an industry specific lease for Members which is generic/standard, enabling it to be used with minimum modification in most situations where Members propose leasing a quarry site.
It must be remembered that conventionally a landlord, usually via his solicitor, generates the lease document and submits it to the proposed tenant, and for this reason there may be situations where land owners will be reluctant to accept a lease document generated by the construction material processing operator. However, the industry specific issues may lead land owners in many cases to accept that the lease documentation process can be initiated by the construction material processing owner. Clearly, the document has to be a workable document from the point of view of both the land owner and construction material processing operator. It is hoped that the Generic Lease will achieve widespread usage across the industry, so that its usage in any particular case will give comfort to banks in the context of finance, and may also facilitate dealings with the Department of Primary Industries.
Please click here for further information on Nevett Ford Lawyers.
