AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 35. INCLEMENT WEATHER
OPDATE 15:03:91 1st pp on or after

Definition - inclement weather

(a) "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 of high temperature or 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.

(b) For the purposes of this clause weather shall not be regarded as inclement unless it is mutually agreed between the employer and employees concerned.

(c) Except as provided in subclauses (e) and (f) hereof, no employee shall be required to work exposed to inclement weather conditions. For the purposes of this subclause, an employee operating machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to inclement weather.

(d) There shall be no deduction of wages for any working time lost due to inclement weather.

Completion of concrete pours and emergency work

(e)(i) Except as provided in this subclause an employee shall not be required to work in the rain.

(ii) Employees shall not be required to start a concrete pour in inclement weather.

(iii) 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 the 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.

(iv) The provisions of paragraph (iii) hereof shall also apply in the case of emergency work where the employees concerned and their job representative agree that the work is of an emergency nature and can start and/or proceed.

(f) Where it is necessary and safe for a spotter to work during a period of inclement weather thereby enabling mobile plant to continue operating, such spotter shall be entitled to the provisions of paragraph (e)(iii) hereof.