AN120089 – Building and Construction Industry (State) Award
21.1 Definition Inclement Weather Inclement Weather shall mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme or high temperature of the like or any combination thereof) by virtue of which it is either not reasonable or not safe for workers exposed thereto to continue working whilst the same prevail.
21.2 Conference Requirement and Procedures The employer, or their representative shall, when requested by the employees or a representative of the employees, confer (within a reasonable period of time which should not exceed 30 minutes) for the purposes of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.
Provided that if the employer or their representative refuses to confer within such reasonable period, employees shall be entitled to cease work for the rest of the day and be paid inclement weather.
21.3 Restrictions on Payments An employee shall not be entitled to payment for inclement weather as provided for in clause 21 unless they remain on the job until the provisions set out in clause 21 have been observed.
21.4 Entitlement to Payment An employee shall be entitled to payment by his employer for ordinary time lost through inclement weather for up to 32 hours in every period of four weeks.
For the purpose of this subclause the following conditions shall apply:
(a) The first period shall be deemed to commence on 10 January, 2000, and subsequent periods shall commence at four weekly periods thereafter.
(b) An employee shall be credited with 32 hours at the commencement of each four weekly period.
(c) The number of hours at the credit of any employee at any time shall not exceed 32 hours.
(d) If an employee commences employment during a four weekly period they shall be credited 32 hours where they commenced on any working day within the first week; 24 hours where they commenced on any working day within the second week; 16 hours where they commenced on any working day within the third week; and 8 hours where they commenced on any working day within the fourth week.
(e) No employee shall be entitled to receive more than 32 hours' inclement weather payment in any period of four weeks.
(f) The number of hours credited to any employee under this clause shall be reduced by the number of hours for which payment is made in respect of lost time through inclement weather.
(g) Payment under clause 21 shall be weekly.
(h) Provided further and subject to paragraph (d) hereof, a daily hire employee working on a part-time basis pursuant to subclause 13.3 of this award shall be entitled to payment on a pro-rata basis according to the number of ordinary hours agreed to be worked in the four week period. The method of calculation of a part-time daily hire employee's proportionate employment shall be as follows:
32 x Number of hours agreed to be worked during the four week period.
152
21.5 Transfers
Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the employer, useful work is available in that area or site, and that work is within the scope of the employees skill, competence and training consistent with the classification structure contained in this subclause and the employer provides, where necessary, transport.
21.6 Completion of Concrete Pours and Emergency Work -
(a) Except as provided in this subclause an employee shall not work or be required to work
in the rain.
(b) Employees shall not be required to start a concrete pour in inclement weather.
(c) Where a concrete pour has been commenced prior to the commencement of a period of inclement weather employees may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear.
If an employee's clothes become wet as a result of working in the rain during a concrete pour he shall, unless he has a change of dry working clothes available, be allowed to go home without loss of pay.
(d) The provision of paragraph (c) herein shall also apply in the case of emergency work where the employees concerned and their delegate agree that the work is of an emergency nature and can start and/or proceed.
21.7 Cessation and Resumption of Work
(a) At the time employees cease work due to inclement weather the employer or their representative on site and the employees' representative shall agree and note the time of cessation of work.
(b) After the period of inclement weather has clearly ended the employees shall resume work; and the time shall be similarly agreed and noted.
(c) Safety Where an employee is prevented from working at their particular function as a result of unsafe conditions caused by inclement weather, they may be transferred to other work in their trade on site, until the unsafe conditions are rectified.
Where such alternative work is not available and until the unsafe conditions are rectified, the employee shall remain on site. They shall be paid for such time without reduction of his inclement weather entitlement.
21.8 Additional Wet Weather Procedure
(a) Remaining on Site Where, because of wet weather, the employees are prevented from working:
(i) for more than an accumulated total of four hours of ordinary time in any one day; or
(ii) after the meal break, as provided in subclause 28.2 Rest Periods and Crib Times, of this award, for more than an accumulated total of 50 per cent of the normal afternoon work time; or
(iii) during the final two hours of the normal work day for more than an accumulated total of one hour the employer shall not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.
Provided that where, by agreement between the employer and or their representative and the employees' representative the workers remain on site beyond the period specified above, any such additional wet time shall be paid for but shall not be debited against the employees' hours.
Provided further that wet time occurring during overtime shall not be taken into account for the purposes of this subclause 21.8.
(b) Rain at Starting Time Where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area unless
(i) the rain stops; or
(ii) a covered walk-way has been provided; or
(iii) the sheds are under cover and the employees can get to the dry area without going through the rain; or
(iv) adequate protection is provided. Protection shall, where necessary, be provided for the employees' tools.
Provided that, for the purposes of this clause, a "dry area" shall mean a work location that has not become saturated by rain or where water would not drip on the employees.
21.9 Non Reduction Nothing in clause 21 shall prejudice any inclement weather agreement on any project under construction where the conditions are more favourable to the employees.
