AN170010 – Building and Construction Industry Award
DIVISION A - TRADESPERSONS and BUILDERS LABOURERS
(a) Division A of this clause shall apply to tradespersons and builders labourers engaged in the classifications contained in subclauses 13(a) and 13(b) of this award.
(b) The parties agree that all necessary steps shall be taken to ensure that a full working understanding of the inclement weather procedure as contained in this award, is achieved and maintained throughout the industry.
(c) Should a portion of the project be affected by inclement weather, all other employees not so affected shall continue working in accordance with the appropriate award provisions, regardless that some employees may be entitled to cease work due to inclement weather.
(d) Should a portion of the project be affected by inclement weather, employees can be transferred to another work location under cover on the site or to another site in accordance with the award provisions prescribed herein.
(e) 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 high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail.
(f) Conference Requirement and Procedure
(i) The employer, or the employers 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 purpose of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.
(ii) PROVIDED that if the employer or the employers 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.
(g) Restrictions of Payments
An employee shall not be entitled to payment for inclement weather as provided for in this clause unless the employee remains on the job until the provisions set out in this clause have been observed.
(h) Entitlement of Payment
An employee shall be entitled to payment by the 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:
(i) The first period shall be deemed to commence on 11 January 1999 and subsequent periods shall commence at four weekly periods thereafter.
(ii) An employee shall be credited with 32 hours at the commencement of each four weekly period.
(iii) The number of hours at the credit of any employee at any time shall not exceed 32 hours.
(iv) If an employee commences employment during a four weekly period the employee shall be credited 32 hours where the employee commences on any working day within the first week; 24 hours where the employee commences on any working day within the second week; sixteen hours where the employee commences on any working day within the third week; and eight hours where the employee commences on any working day within the fourth week.
(v) No employee shall be entitled to receive more than 32 hours inclement weather payment in any period of four weeks.
(vi) 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.
(vii) Payment under this clause shall be weekly.
(viii) PROVIDED that and subject to paragraph (iv) hereof, an employee working on a part-time basis pursuant to Clause 34 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
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(i) Transfers
Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather subject to the following:
(i) No employee shall be transferred to an area not affected by inclement weather unless there is work available in the employees classification.
(ii) Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather even though there may not be work for all employees in such areas.
(iii) Employees may be transferred from one site to another site and the employer provides, where necessary, transport.
(j) Completion of Concrete Pours and Emergency Work
(i) Except as provided in this subclause an employee shall not work or 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.
(iv) If an employee’s clothes become wet as a result of working in the rain during a concrete pour the employee shall, unless the employee has a change of dry working clothes available, be allowed to go home without loss of pay.
(v) The provisions of paragraphs (iii) and (iv) hereof 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.
(k) Cessation and Resumption of Work
(i) At the time employees cease work due to inclement weather the employer or the employers representative on site and the employees’ representative shall agree and note the time of cessation of work.
(ii) After the period of inclement weather has clearly ended the employees shall resume work and the time shall be similarly agreed and noted.
(iii) Safety
Where an employee is prevented from working at the employee’s particular function as a result of unsafe conditions caused by inclement weather, the employee may be transferred to other work in the employee’s classification 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. The employee shall be paid for such time without reduction of the employees inclement weather entitlement.
(l) Additional Wet Weather Procedure
(i) Remaining On Site
Where, because of wet weather, the employees are prevented from working:
(1) for more than an accumulated total of four hours of ordinary time in any one day; or
(2) after the meal break, as provided in subclause 28(a) of this award, for more than an accumulated total of 50 percent of the normal afternoon work time; or
(3) 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.
(4) PROVIDED that where, by agreement between the employer and/or the employers representative and the employees’ representative the persons remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the employees’ hours.
(5) PROVIDED FURTHER that wet time occurring during overtime shall not be taken into account for the purposes of this subclause.
(ii) 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 or to be transferred to another site unless:
(1) the rain stops; or
(2) a covered walkway has been provided; or
(3) the sheds are under cover and the employees can get to the dry area without going through the rain; or
(4) adequate protection is provided. Protection shall, where necessary, be provided for the employees’ tools.
(m) In 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.
DIVISION B - CIVIL CONSTRUCTION AND MAINTENANCE
(a) Division B of this clause shall apply to employees engaged in the Plant Operator - Civil Construction classifications contained in subclause 13(c) and the Civil Construction and Maintenance Worker classifications contained in subclause 13(d) of this award.
(b) 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 of high temperature for the locality concerned, 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.
(c) For the purposes of this clause weather shall not be regarded as inclement unless it is mutually agreed between the employer and employees concerned.
(d) Except as provided in subclauses (g) and (h) 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.
(e) There shall be no deduction of wages for any working time lost due to inclement weather.
(f) There shall be no deduction of wages for any working time lost due to inclement weather.
(g) Completion of Concrete Pours and Emergency Work
(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) herein 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.
(h) 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 (g)(iii) herein.
