Common use of Direction to cease work Clause in Contracts

Direction to cease work. 16.4.1 If— (a) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an Company; and (b) the issue concerns work which involves an immediate threat to the health or safety of any person; and (c) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in clause 16.3— the Company or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease. 16.4.2 During any period for which work has ceased in accordance with such a direction, the Company may assign any Employees whose work is affected to suitable alternative work. 16.5 Inspector may be requested to attend workplace 16.5.1 If an issue is not resolved under clause 16.3, within a reasonable time, or an issue is the subject of a direction under 16.4 that work is to cease, any of the parties attempting to resolve the issue may ask the WorkSafe Victoria to arrange for an inspector to attend at the workplace as soon as practicable to enquire into the issue. 16.5.2 If— (a) the inspector issues a prohibition notice; or (b) otherwise determines that there was reasonable cause for employees to be concerned for their health or safety— an employee who is not assigned suitable alternative work pursuant to 16.4.2, and who as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period.

Appears in 14 contracts

Samples: Building and Construction Industry Enterprise Agreement, Certified Agreement, Certified Agreement

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Direction to cease work. 16.4.1 If— (a) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an Company; and (b) the issue concerns work which involves an immediate threat to the health or safety of any person; and (c) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in clause 16.3— 16.3 the Company or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease. 16.4.2 During any period for which work has ceased in accordance with such a direction, the Company may assign any Employees whose work is affected to suitable alternative work. 16.5 Inspector may be requested to attend workplace 16.5.1 If an issue is not resolved under clause 16.3, within a reasonable time, or an issue is the subject of a direction under 16.4 that work is to cease, any of the parties attempting to resolve the issue may ask the WorkSafe Victoria to arrange for an inspector to attend at the workplace as soon as practicable to enquire into the issue. 16.5.2 If— (a) the inspector issues a prohibition notice; or (b) otherwise determines that there was reasonable cause for employees to be concerned for their health or safety— an employee who is not assigned suitable alternative work pursuant to 16.4.2, and who as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period.

Appears in 1 contract

Samples: Certified Agreement

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