Common use of Inclement Weather Clause in Contracts

Inclement Weather. (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue working whilst exposed to that weather. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.

Appears in 29 contracts

Samples: Employment Agreement, Construction Contract, Construction Contract

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Inclement Weather. (a) Definition "Inclement Weather" means Weather will mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, smoke, severe dustdust storm, extreme high temperature or rain affected work sitethe like) as a consequence by virtue of which it is either unsafe and/or unreasonable for employees to continue working whilst when exposed to that this weather. (b) Inclement Weather Commencing after Work It is Started Work agreed that in the open event of inclement weather consultation will be held between the Shop Xxxxxxx or Health & Safety Representative & appropriate manager within a reasonable period of time which shall not exceed 60 minutes with a view to reaching agreement to continue until the particular work. On reaching agreement, steps will be taken to ensure that work can no longer continue in a safe and secure manner. c) In all cases, consideration will be done safely given to ensuring that a safe workplace is provided and efficiently. safe systems of work are employed. d) The Company may require parties agree that all or any employees to: • continue necessary steps will be taken to work under cover or relocate to alternative work not affected by ensure that a full working understanding of the inclement weather provided there procedures is dry access & egress to amenities; or • obtain materials achieved and services for maintained throughout the workforce. e) The issue of inclement weather will be discussed with all employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. so that they understand the following requirements: I. Should only a portion of the project work be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that working even if some employees may be entitled to cease work due to the inclement weatherconditions. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only II. If a portion of a work site Should only a portion of the work site be is affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled transferred to cease another work location under cover on the site or to another site not affected by the inclement weather. III. The Employer will not require employees to work in the open in inclement weather conditions except where the need arises to maintain safety or in emergency situations. In those circumstances the Employer will provide appropriate clothing. f) For those employees who are required to continue to work in the open during the period of inclement weather, work will only continue after reaching agreement with the affected employees. I. If employees have ceased work due to inclement weatherweather and it continues to prevent work at the site, employees will remain on site or they may be transferred to another suitable location. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees homeII. Any employee so instructed The parties agree there will be paid for no unilateral automatic cessation of work in hot weather. Dependant on circumstances and the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. Ifjob in hand, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required relocated to remain an alternative work area on that site or may request a short break for up respite from their immediate supervisor if the need arises. III. Unilateral cessation of work without prior discussion with Employer or supervisor or reasonable attempts made to half contact the remaining ordinary hours after that 4-hour supervisor for a period provided there is dry access & egress of not more than 30 minutes, will lead to amenitiesa loss of pay for the period concerned. If the Any decision or agreement or cessation of work due to inclement weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home made as soon as possible and paid for the ordinary work time of that daywithin one hour.

Appears in 7 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means Weather will mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like) as a consequence by virtue of which it is either unsafe and/or unreasonable for employees to continue working whilst when exposed to this weather. It is agreed that weather. (b) Inclement Weather Commencing after Work is Started Work in the open event of wet weather consultation will be held between the parties concerned with a view to reaching agreement to continue until the particular work. On reaching agreement, steps will be taken to ensure that work can no longer continue in a safe and secure manner. In all cases, consideration will be done safely given to ensuring that a safe workplace is provided and efficientlysafe systems of work are employed. The Company may require parties agree that all or any employees to: • continue necessary steps will be taken to work under cover or relocate to alternative work not affected by ensure that a full working understanding of the inclement weather provided there procedures is dry access & egress to amenities; or • obtain materials achieved and services for maintained throughout the Company. The issue of inclement weather will be discussed with all employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. so that they understand the following requirements: ▪ Should only a portion of the project work be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that working even if some employees may be entitled to cease work due to the inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only conditions. ▪ If a portion of a work site Should only a portion of the work site be is affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled transferred to cease another work location under cover on the site or to another site not affected by the inclement weather. ▪ The employer will not require employees to work in the open in inclement weather conditions except where the need arises to maintain safety or in emergency situations. In those circumstances the employer will provide appropriate clothing. For those employees who are required to continue to work in the open during the period of inclement weather, work will only continue after reaching agreement with the affected employees. ▪ If employees have ceased work due to inclement weather. (e) Inclement Weather continuing after 4 hours from weather and it continues to prevent work at the usual starting time If after 4 hours from the usual starting time the Companysite, in consultation with their employees, agrees that the weather is unlikely employees will remain on site or they may be transferred to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees homeanother suitable location. Any employee so instructed ▪ The parties agree there will be paid for no unilateral automatic cessation of work in hot weather. Dependant on circumstances and the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. Ifjob in hand, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required relocated to remain an alternative work area on that site or may request a short break for up respite from their immediate supervisor if the need arises. ▪ Unilateral cessation of work without prior discussion with Company or supervisor or reasonable attempts made to half contact the remaining ordinary hours after that 4-hour supervisor for a period provided there is dry access & egress of not more than 30 minutes, will lead to amenitiesa loss of pay for the period concerned. If the Any decision or agreement or cessation of work due to inclement weather is still inclement after that time will be made as soon as possible and the utilisation within one hour. ▪ At workplaces, where extremes of employees in (b) & (c) is not available, temperature are encountered the employees will be sent home and paid for follow the ordinary work time of that day.procedures outlined in Appendix C.

Appears in 4 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means The parties agree that should any site and / or section of a site be affected by inclement weather which shall mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like or any combination thereof) as a consequence by virtue of which it is either unsafe and/or unreasonable not reasonable or not safe for employees Employees exposed thereto to continue working whilst exposed the same prevail on that site or section of the site, affected, employees can be transferred to another section of that weather. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficientlysite, or another site, for productive work. The Company may require all or any employees to: • continue parties agree that inclement weather does not automatically create unsafe working conditions. Employees will not be expected to work under cover in unsafe or relocate unreasonable conditions due to alternative inclement weather. The parties to the Agreement agree to collectively work towards the minimisation of lost time due to inclement weather. Further, the parties undertake to adopt the following principles and procedures with regard to inclement weather and the idle time that inclement weather creates: a) Employees shall accept transfer to an area or site not affected by inclement weather if, 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 and the Company provides, where necessary, transport or payment of an allowance for use of an Employees vehicle, at the rates provided there is dry access & egress in the Award. b) Where the initiatives described in (a) above are not possible or non-productive, Employees will be available for activities such as relevant and meaningful skill development, production / upgrade of skill modules, OH&S training presentation and participation in learning, planning and reprogramming of the project. c) All parties are committed to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to an early resumption of work following any cessation of work, which may result from inclement weather; or • when required. d) If it is necessary and consistent with safe working procedure to walk through inclement areas in order to make areas safe, perform emergency appropriate protection will be provided. e) If it is necessary to walk through inclement areas in order to get to agreed working areas and safety considering safe work or work on unexpected breakdowns which can practices, appropriate protection will be corrected in limited time duration; or • attend toolbox meetingsprovided. f) The practice of “one out, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. all out” will not occur g) Should only a portion of the project be affected by inclement weather, all other employees Employees not so affected will shall continue working, notwithstanding working regardless of the fact that some employees Employees may not be entitled to cease work gainfully employed due to inclement weather. (ch) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to All other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesAward conditions shall apply. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Inclement Weather. (a) Definition "Inclement Weather" means Weather will mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like) as a consequence by virtue of which it is either unsafe and/or unreasonable for employees to continue working whilst when exposed to this weather. It is agreed that weather. (b) Inclement Weather Commencing after Work is Started Work in the open event of wet weather consultation will be held between the (G)ER: Union Agreements : 2003-2004 Power Industry: Final Power EBA 14 parties concerned with a view to reaching agreement to continue until the particular work. On reaching agreement, steps will be taken to ensure that work can no longer continue in a safe and secure manner. In all cases, consideration will be done safely given to ensuring that a safe workplace is provided and efficientlysafe systems of work are employed. The Company may require parties agree that all or any employees to: • continue necessary steps will be taken to work under cover or relocate to alternative work not affected by ensure that a full working understanding of the inclement weather provided there procedures is dry access & egress to amenities; or • obtain materials achieved and services for maintained throughout the company. The issue of inclement weather will be discussed with all employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. so that they understand the following requirements: ▪ Should only a portion of the project work be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that working even if some employees may be entitled to cease work due to the inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only conditions ▪ If a portion of a work site Should only a portion of the work site be is affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled transferred to cease another work location under cover on the site or to another site not affected by the inclement weather ▪ The employer will not require employees to work in the open in inclement weather conditions except where the need arises to maintain safety or in emergency situations. In those circumstances the employer will provide appropriate clothing For those employees who are required to continue to work in the open during the period of inclement weather, work will only continue after reaching agreement with the affected employees. ▪ If employees have ceased work due to inclement weather. (e) Inclement Weather continuing after 4 hours from weather and it continues to prevent work at the usual starting time If after 4 hours from the usual starting time the Companysite, in consultation with their employees, agrees that the weather is unlikely employees will remain on site or they may be transferred to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed another suitable location ▪ The parties agree there will be paid for no unilateral automatic cessation of work in hot weather. Dependant on circumstances and the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. Ifjob in hand, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required relocated to remain an alternative work area on that site or may request a short break for up respite from their immediate supervisor if the need arises. ▪ Unilateral cessation of work without prior discussion with company or supervisor or reasonable attempts made to half contact the remaining ordinary hours after that 4-hour supervisor for a period provided there is dry access & egress of not more than 30 minutes, will lead to amenitiesa loss of pay for the period concerned. If the Any decision or agreement or cessation of work due to inclement weather is still inclement after that time will be made as soon as possible and the utilisation within one hour. ▪ At workplaces, where extremes of employees in (b) & (c) is not available, temperature are encountered the employees will be sent home and paid for follow the ordinary work time of that day.procedures outlined in Appendix B.

Appears in 2 contracts

Samples: Powerline Enterprise Agreement, Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue to continue working whilst exposed to that weather. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenitiesweather; or • obtain materials and services for employees working undercover under cover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesactivities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will shall continue workingworking in accordance with award conditions, notwithstanding that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; : or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenitiesweather; or • obtain materials and services for employees working undercover under cover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesactivities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will shall continue workingworking in accordance with award conditions, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenitiesperiod. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will shall be sent home and paid for the ordinary work time of that day. (f) Maximum hours of payment for ordinary time lost through Inclement Weather An employee shall only be entitled to payment by the Company for ordinary time lost through inclement weather for up to 12 hours in any calendar month. These hours will not be cumulative beyond each calendar month.

Appears in 1 contract

Samples: Certified Agreement

Inclement Weather. (a) Definition "This inclement weather clause sets out the full rights, obligations and entitlements of the Parties and establishes the conditions under which payment for periods of inclement weather will be made. The purpose of this clause is to set out the procedures and processes which must apply concerning the suspension of work in areas exposed to inclement weather as defined, and the conditions regulating payment of Ordinary Time Earnings for Employees who cannot be re-assigned to work out of the inclement weather. Inclement Weather" means weather will mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of lightning, hail, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like or any combination of these) as a consequence of in which it is either unsafe and/or unreasonable not reasonable or not safe for employees Employees exposed to these conditions to continue working whilst exposed working. (a) An Employee will not be entitled to that weatherpayment for inclement weather as provided for in this clause unless the Employee remains on the job until the procedure set out in this clause has been observed. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue entitlement to work under cover or relocate payment for time lost due to alternative work not affected by inclement weather provided there is dry access & egress an entitlement limited to amenities; Ordinary Time Earnings and does not apply to overtime and/or weekend work. Should overtime or • obtain materials and services for employees working undercover where there is only minimal exposure weekend work be suspended due to inclement weather; or • when required, perform emergency then overtime payments will cease subject to the provisions of this Agreement concerning minimum payment for Saturdays, Sundays and safety work or work on unexpected breakdowns Public Holidays, in which can cases minimum time payments as prescribed by this Agreement will apply. (c) All necessary steps will be corrected taken to ensure a full working understanding of the inclement weather standards, as contained in limited time duration; or • attend toolbox meetingsthis Agreement, work planning sessions or skills development and/or training activities provided there is dry access achieved and egress to amenities. maintained by management and Employees. (d) Should only a portion of the project a Project be affected by inclement weather, all other employees Employees not so affected will continue workingto work in accordance with the appropriate Agreement provisions, notwithstanding regardless that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees Employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from Should a portion of a Project be affected by inclement weather, Employees can be transferred to another work location under cover on the usual starting time If after 4 hours from Project or to another Project in accordance with the usual starting time the Companyprovisions prescribed in this clause. (f) Prior to any Employee leaving site due to inclement weather, in consultation with their employees, agrees that the weather is unlikely to improve will take place between Employees and that the utilisation of employees in (b) & (c) is not available, the Company will send employees homesite management. Any employee so instructed stoppage of work, or withdrawal from site, without due consultation, will mean that all involved Employees are denied an entitlement to payment as per this clause. (g) Employees will not work or be required to work in the rain or where the temperature reaches or exceeds 37.5°C. (h) If an Employee’s clothes become wet as a result of working in the rain during emergency work the Employee will (unless the Employee has a change of dry working clothes available) be allowed to go home without loss of pay. (i) If an Employee is required to remain at work during periods of inclement weather to perform emergency work, they will be paid for the at double time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that dayrates.

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means To maintain productivity and to minimise the existence very high cost of potential production loss and contractual risk, the enterprise is committed to maintaining continued normal work where ever possible during periods of inclement weather. The company will provide adequate wet weather equipment comprising coat, over-pants, rain-hat and gumboots to ensure adequate protection is provided to all employees. Employees are required to wear this wet weather gear during periods of wet weather. It is agreed that extreme weather conditions eg storms and very heavy rain may require some production work to be delayed or post-poned. Should continuous heavy rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees persist then the decision to continue working whilst exposed to that weather. (bwill be determined through consultation between the Team Leader Coordinator and the Team Leaders in accordance with the wet weather policy. Should it be necessary the OHS WorkGroup representative(s) Inclement Weather Commencing after Work is Started Work and management will be involved in this consultation. To ensure safety in adverse weather conditions, safe work procedures may require modification through the open will continue until the particular work can no longer risk assessment process. All ordinary time worked during wet weather periods shall be done safely and efficientlypaid at ordinary time rates. The Company shall supply designated storage space to all employees to accommodate their wet weather equipment and clothing. Employees will be required to maintain a change of dry clothing in their locker in the event that the said employee has a need to change from wet clothing. If, during wet weather periods, the employee’s clothing becomes wet, the employee may require all or any employees to: • continue return to the change room to change into dry clothing. The employee shall then return to the job for the completion of his/her work tasks. If the employee becomes wet for a second time the employee shall be allowed to return home for a change of dry clothing and then return to work, provided the employee is allowed one and one half-hours to return to work. In the event that there is not enough time for the employee to proceed to his/her residence and return to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited before the normal finishing time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hoursordinary shift, the Company employee may require all or any employees to: • remain in amenities provided there is dry access not be required to other necessary amenities; or • continue return to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of work. In this event the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for at ordinary time up to the time already attended and for the balance of the normal ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that finishing time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that dayonly.

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (1) In any situation where weather conditions do or are likely to affect safe work, affected Employees and the Employer will consult on and seek the best method for completing work safely or will see if alternate safe work is available. Where an Employee/s believes they are experiencing inclement weather conditions the following procedure shall apply: (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic The Employee shall notify their Employer that he/she believes he/she is experiencing inclement weather conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue working whilst exposed to that weather. (b) Inclement Weather Commencing after Work is Started Work in The Employer will consult with the open affected Employee/s and inspect the work area/s. (c) In the first instance the Employer shall determine whether inclement weather conditions are being experienced and will continue until consult with the particular affected Employee/s seeking their view and work can no longer be done safely and efficientlyoptions available. (d) If “inclement weather” creates an unsafe situation/circumstance the OH&S Act will apply. (e) The Employer shall stop work if conditions dictate. The Company may require all or any employees toWhen this does occur the following options apply: • continue Employees return to crib rooms - for training etc, or • Employees are relocated to work under cover or relocate to alternative work in other areas. (f) Employees shall not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work be unreasonably held on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of site. (g) No Employee shall have the project be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled right to cease work due or leave the PWCS Project 3Exp site without the permission of the Employer. (2) In some situations it may be appropriate to transfer Employees to another section of the site or another site, in which case the following will apply: (a) The Employees on any inclement weatherweather affected site or section of a site can be transferred to another site or section of a site for productive work. (b) The Employer will take a reasonable approach when requiring Employees to transfer from site to site. While this shall include giving consideration to the distance to be travelled and the time of day, The Employer maintains the right to make the final decision as to when the transfer of Employees from site to site is appropriate. (c) Inclement Weather before Work is Started Where it is inclement from Should the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not transfer be inappropriate those Employees directly affected by the inclement weather provided there is dry access & egress shall be required to amenities; attend the Employer’s yard/depot or • obtain materials and services for employees working undercover where there is only minimal exposure other such location to inclement weather; or • when requiredperform maintenance, perform emergency and attend safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or and training activities provided there is dry access and egress to amenitiessessions. (d) Inclement Weather affecting only a portion of a work site Should only a portion Where none of the work foregoing is available or appropriate, the Company will adopt a common sense approach and may authorise Employees to leave the site. In such an eventuality the Company may nominate one or more Employees to either remain on site or to be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weatheravailable for call-back without an additional payment being incurred for ordinary hours of work. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance use of the ordinary hours Employee’s accrued RDOs and Annual Leave during these times of inclement weather must be mutually agreed upon by the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time Employer and the utilisation Employee. Under no circumstances will an Employee be forced to take an RDO or Annual Leave as a result of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that dayinclement weather.

Appears in 1 contract

Samples: Employment Agreement

Inclement Weather. As a result of inclement weather increasing the risk of injury for those positions which involve working with energized electric lines the Department will apply this Inclement Weather Policy to the positions of Apprentice Lineworker; 1st Class A; Lineworker A; Working Crew Leader I Distribution; Working Crew Leader II- Distribution; UG Cable Locator; ; ; Working Crew Leader II - Engineering Technician; Working Crew Leader I-Engineering Technician; Engineering Technician; Electrician 1st Class A Technician; and Electrician 1st Class B Technician. Such policy will also apply to the position of Meter Technician but only at those times in which a Meter Technician is working on a transformer with Lineworkers and the Policy is activated due to weather conditions. No other Union positions are subject to this Inclement Weather Policy. (a) Definition "Inclement Weather" means When the existence outside temperature is at or below 0°F or at or above 90°F, measured without the wind chill factor or a heat indicator, the employees holding the above-stated positions will not be assigned to outdoor work involving energized electric lines. 1) When determining whether such employees will be assigned to outdoor work when the temperature is near 0°F, the appropriate supervisor will take into consideration the effect of continuous rain or abnormal climatic conditionsthe wind chill factor. 2) When determining whether such employees will be assigned to outdoor work when temperature is near 90°F, (whether the appropriate supervisor will take into consideration the effect of the heat index. The temperature will be determined by cyclonethe National Weather Service, hailat the Burlington International Airport. In addition, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for the Department will not assign said employees to continue working whilst exposed to that weatherperform outdoor work involving energized electric lines when periods of rain and/or snow create a safety risk as judged by the appropriate supervisor's discretion. (b) Inclement Weather Commencing after Work is Started Work in Such employees who are unable to perform outside duties involving electricity because of the open will continue until the particular work can no longer be done safely weather shall perform other duties, both inside and efficientlyoutside, related to their position and other tasks consistent with past practice. The Company may require all or any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services appropriate supervisor shall first request for employees working undercover where to volunteer for such tasks. In the event there is only minimal exposure are an insufficient number of volunteers, the appropriate supervisor may direct employees to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weathersuch tasks as consistent with past practice. (c) Inclement Weather before Work is Started Where it is inclement from In the usual start time for four hoursevent of an emergency as judged by Department Management, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed this Policy will be paid suspended. In addition, when the City of Burlington hosts events which require electrical work, this Policy will be suspended on an as needed basis as determined by the Department to ensure work necessary for the time already attended and for the balance of the ordinary hours of the attendanceevent is performed. Agreement will not be unreasonably withheld. IfThe Department, however, has established a policy requiring reasonable advance notice of such events and will make every effort to ensure the Company decides after consultation with policy is adhered to by those sponsoring the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that dayevents.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Inclement Weather. (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue to continue working whilst exposed to that weather. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover under cover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will shall continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover under cover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will shall continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will shall be sent home and paid for the ordinary work time of that day.

Appears in 1 contract

Samples: Enterprise Agreement

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Inclement Weather. (a) Definition "33.1 This Inclement Weather" means Weather clause sets out the full rights, obligations and entitlements of the parties and establishes the conditions under which payment for periods of inclement weather will be made. 33.2 Inclement weather will mean the existence of continuous rain or abnormal climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like or any combination thereof) as a consequence by virtue of which it is either unsafe and/or unreasonable not reasonable or not safe for employees exposed thereto to continue working whilst exposed to that weatherthe same prevails. (b) Inclement Weather Commencing after Work is Started Work 33.3 An employee will not be entitled to payment for inclement weather as provided for in this clause unless the open will continue employee remains on the job until the particular work can no longer provisions set out in this clause have been observed. 33.4 The parties agree that all necessary steps will be done safely and efficiently. The Company may require all or any employees to: • continue taken to work under cover or relocate to alternative work not affected by ensure a full understanding of the inclement weather provided there standards, as contained in this Agreement, is dry access & egress to amenities; or • obtain materials achieved and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency maintained by the employer and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. employees. 33.5 Should only a portion of the project any worksite be affected by inclement weather, all other employees not so affected will continue workingto work in accordance with the appropriate agreement provisions, notwithstanding regardless that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only 33.6 Should a portion of a work site Should only a portion of the work site any worksite be affected by inclement weather, all other employees can be transferred to another work location or to another site in accordance with the provisions prescribed herein. 33.7 It is agreed by the parties that prior to any employee leaving the site due to inclement weather, consultation will take place between a majority of employees, the employee representative and the employer. 33.8 The employer of the employees is to confer with the employee representative or Union organizer (within a reasonable period of time which should not so affected exceed 30 minutes) for the purpose of determining whether or not conditions are inclement. Weather will continue workingnot be regarded as inclement unless it is agreed at such conference. Provided that if the employer refuses to confer within such reasonable period, notwithstanding that some employees may will be entitled to cease work due to for the rest of the day and be paid inclement weather. (e) Inclement Weather continuing after 4 hours 33.9 For the purposes of site-based discussions regarding the need to plan and perform work during expected period of hot weather, the following issues will be considered in conjunction with proper Occupational Health and Safety standards. 33.10 Under this Agreement, temperatures of or above 35 degrees C will be defined as ‘inclement’ weather’. During periods of hot weather, work in air-conditioned environments will continue, subject to amenities being located adjacent to or within a reasonable distance from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees worksite. It is recognised that the during periods of hot weather is unlikely all OH&S standards need to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed be adhered to. 33.11 Temperature will be paid measured by the nearest automatic Hobart Bureau of Meteorology Monitoring Station for example (but not limited to): Hobart, Hobart Airport, Launceston, Launceston Airport, Devonport and Burnie at the time already attended commencement of work at each worksite. The employer and for Union representative will agree which is to be the balance applicable automatic weather monitoring station depending on the geographical location of a worksite. Alternatively, where the parties agree an on-site temperature measuring station may be used. 33.12 As part of a process leading to improvement, it is recognised that hot weather procedures including relocation, must be part of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. Ifformal OH&S procedures developed, however, the Company decides after consultation with the employees that based adopted and managed on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain a worksite basis having regard for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.the

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means 34.1 The parties to this agreement recognise and accept that the existence principal determinant of continuous rain or abnormal climatic conditions, (the effect of inclement weather on work is whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence can be performed safely. The parties are therefore committed to minimising unproductive time due to weather in terms of which it is either unsafe and/or unreasonable for the following procedure: 34.1.1 The following provisions apply to employees to continue working whilst exposed to that weatherengaged under the terms of this Agreement. (b) Inclement Weather Commencing after Work is Started Work 34.1.2 In the event of inclement weather, work in the open will continue until it is agreed by management and the safety representative that the particular work in hand can no longer be done safely and or efficiently. The Company may . 34.1.3 Management will not require all or any employees to: • continue to work under cover or relocate in the open in excessive rain except where the need arises to alternative maintain the safety of personnel and plant. However, management will require employees to work not affected by inclement weather in the open in conditions other than excessive rain provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety that the work or work on unexpected breakdowns which can be corrected performed safely. In these circumstances, management will provide appropriate wet weather clothing. 34.1.4 Where an employee is prevented from working on particular work as a result of conditions caused by excessive wet weather, the employee may be temporarily transferred to other work within their skill, competence and training elsewhere on the Site where such conditions do not affect safe and efficient work. In these circumstances wet weather clothing will be provided to enable the employee to effect such transfer as directed. a) Further, where management can usefully deploy employees off Site within the employee’s skill, competence and training, in limited time conditions which are unaffected by excessive wet weather, they may do so provided that the employees are notified within the first hours on that day. Such deployment will be effected without reduction of an employee’s rate of pay or increase in the hours of work for the day on which the transfer takes place. In arriving at a decision in this matter management will take into account factors such as the period for which the excessive wet weather conditions have prevailed, its anticipated duration; , the alternative work, its location, and its proximity to the Site. b) Where management transfers employees in this regard the cost of transport to the other site or • attend toolbox meetingsworkshop and return to Site shall be met by the Company. 34.2 Where wet weather gear is issued to employees at any time, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion it shall remain the property of the project Employer and it is the employee’s responsibility to take reasonable care of the gear and return it or pay the cost of replacement if lost or damaged due to his negligence, such negligence to be affected clearly established by inclement weatherthe Company. 34.3 Where work has been suspended in accordance with this clause, all other employees not so affected will continue working, notwithstanding that some employees may only be entitled to payment provided they remain on the site available to resume work when conditions improve; and/or perform work as directed in accordance with subclause 34.1.3 and 34.1.4 or are released from duty at management’s discretion. 34.4 The operation of this Clause recognises the requirement to maintain the continuity of work consistent with the continuous manufacturing processes as required by the nature of the Oil Refinery business. This includes the performance of maintenance and civil work to ensure the safety of personnel, plant and equipment (including pollution) and the maintenance of production. 34.5 In the event that a dispute arises in relation to the operation of this clause, the dispute will be settled in accordance with Clause 10 Settlement of Disputes of this Agreement. 34.6 While the Company does not accept that employees should cease work due simply on the grounds of temperature, nor be paid if they do so, in an endeavour to inclement weatherassist and clarify what the temperature is on Site, it is agreed that the temperature reading from the Shell Weather Station will be posted on the hour in a clearly visible and central location on the shutdown site. Such readings will be posted during normal day hours when the temperature reaches 36 degrees C to enable the employees to know the temperature with minimum delay and disruption. (c) Inclement Weather before Work is Started 34.7 Where it is inclement from an employee feels affected by working in hot weather they shall be entitled at all times to approach their supervisor or foreperson, if practicable, and inform them of the usual start time for four hours, discomfort. The supervisor or foreperson shall instruct the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue employee to work under cover in an area unaffected by the heat, or relocate if the employee is, or appears to alternative work not affected by inclement weather provided there is dry access & egress be distressed, allow them to amenities; go off the job in order to have a cold drink, shower or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesseek first aid. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. 34.7.1 If the weather is employee goes off the job for any reason other than to report to first aid, they shall report back to the supervisor within 20 minutes. The supervisor shall then allocate the employee to appropriate work or, if the employee still inclement after that feels unwell, instruct them to seek first aid assistance immediately. The employee may go straight to first aid at any time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that daywithin 20 minutes.

Appears in 1 contract

Samples: Union Collective Workplace Agreement

Inclement Weather. (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, fire, flood, natural disaster, state of emergency, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees Employees to either attend work or continue working whilst exposed to that weather. (b) Inclement Weather Commencing In the event of inclement weather affecting a workplace or worksite after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficiently. has started The Company may require all or any employees Employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. . (c) Should only a portion of the project be affected by inclement weather, all other employees Employees not so affected will continue working, notwithstanding that some employees Employees may be entitled to cease work due to inclement weather. The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in this clause apply. Where emergency work is completed in accordance with this clause, affected workers will be paid at the rate of 200% of the ordinary hourly rate calculated to the next hour, and in the case of wet weather, the employee will be provided with adequate wet weather gear. If an employee's clothes become wet as a result of working in the rain the employee will, be allowed to go home for the remainder of the day without loss of pay. Employees accumulated inclement weather bank shall not be deducted whilst they remain on site. (cd) If, after all of the above steps have been followed, an alternative activity is not available, an Employee will be entitled to payment for ordinary hours lost through inclement weather, as defined in this clause. (e) Maximum hours of payment for ordinary time lost through Inclement Weather An Employee will only be entitled to payment by the Company for ordinary time lost through inclement weather for up to 40 hours while off site in any calendar month. These hours will not be cumulative beyond each calendar month. (f) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees Employees to: • remain in amenities provided there is dry access to other necessary amenities; or continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (dg) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees Employees not so affected will continue working, notwithstanding that some employees Employees may be entitled to cease work due to inclement weather.. For clarity, if inclement conditions exist past 4 hours from normal start time the employee will be sent home under this clause.\ (eh) Inclement Weather continuing after work has commenced Where, because of inclement weather, the employees are prevented from working: (a) for more than an accumulated total of 4 hours from the usual starting of ordinary time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in any one day; or (b) & after the main meal break, for more than half of the ordinary work time: or (c) is during the final 2 hours of the normal workday for more than an accumulated total of one hour; the employer will not availablebe entitled to require the employees to remain on site beyond the expiration of any of the above circumstances, where genuine training has been agreed in writing between the Company will send employees homeparties, then the course may be completed in extraordinary circumstances. Any employee Employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means 12.7.1 The intent of the existence parties is for disruption to work on the Project to be minimised during periods of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue working whilst exposed to that inclement weather. (b) Inclement Weather Commencing after Work is Started Work in the open 12.7.2 During inclement weather, work will continue until unless the particular nominated Employer representative in agreement with the nominated employee safety committee representative or Health & Safety Representative for that work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue area determines it is not safe to do so. 12.7.3 Employees will return to work under cover when it has been determined that it is safe to do so by the nominated Employer representative in agreement with the nominated employee safety committee representative or relocate Health & Safety Representative. 12.7.4 Inclement weather does not automatically create unsafe working conditions and an Employee is not entitled to alternative work leave the Project because of inclement weather. 12.7.5 In order to improve this area of lost productivity the following will apply to all Employees: Employees will accept transfer to an area or site not affected by inclement weather provided there if useful work is dry access & egress available in that area or site, and that work is within the scope of the employee’s skill, competence and training. The employer and employees agree to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure adopt measures that involve a reasonable approach as to what constitutes inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which . Non-productive time arising from inclement weather can be corrected in limited time duration; used for project briefings or • attend toolbox meetings, safe work planning sessions or skills development and/or training activities provided there is dry access procedure briefings and egress discussion of major work activities. The employer and employees are committed to amenitiesan early resumption of work following any cessation of work which may arise from inclement weather. The practice of ‘one out all out’ for inclement weather will not occur. Should only a portion of the project be affected by inclement weather, all other employees not so affected will continue workingworking in accordance with the appropriate agreement provisions, notwithstanding regardless that some employees may be entitled to cease work due to inclement weather. (c) 12.7.6 Workers in air-conditioned cabins will continue work during periods of Inclement Weather before Work is Started Where unless the employee determines it is not safe to do so. 12.7.7 All Employees will be available to clean up and xxxxxxx relevant work areas as directed by the Employer following inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there weather. The dewatering and clean-up process is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by considered inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesthe purposes of any penalty payment. (d) Inclement Weather affecting only 12.7.8 Where the Employer determines that a portion of a work site Should only a portion of the work site be transfer is not practical, affected by inclement weather, all other permanent employees not so affected will continue working, notwithstanding that some employees may be entitled to cease payment for ordinary time lost through inclement weather for up to 32 hours (non-cumulative) per calendar month. 12.7.9 Employees will be credited with:  32 hours where the Employee commences on any working day within the first week of a 4-week period.  24 hours where the Employee commences on any working day within the second week of a 4-week period.  16 hours where the Employee commences on any working day within the third week of a 4-week period; and  8 hours where the Employee commences on any working day within the fourth week of a 4-week period. 12.7.10 Payment may be made from an Employee’s wet weather credits where the Employer advises the Employee no later than the day before that the Employee should not report for work due to inclement wet weather or expected wet weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.

Appears in 1 contract

Samples: Civil Works Agreement

Inclement Weather. (a) Definition "Inclement Weather" means The parties agree that a reasonable approach shall be taken to inclement weather which shall mean that work will continue unless the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which Company and the employees agree that it is either unsafe and/or unreasonable not reasonable or not safe for employees to continue working whilst exposed working. The employees on any inclement weather affected site or section of a site can be transferred to that weatheranother site or section of a site for productive work. Management will take a reasonable approach when requiring employees to transfer from site to site. This shall include giving consideration to the distance to be travelled and the time of day. However, management maintains the right to make the final decision as to when the transfer of employees from site to site is appropriate or when works on each affected site should cease and personnel stand down until conditions improve. (b) Inclement Weather Commencing after Work Where an employee is Started Work in the open will continue until the particular not able to perform any work can no longer be done safely and efficiently. The Company may require all or at any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion location because of the project be affected by inclement weather, all other employees not so affected the employee will continue workingreceive payment at the ordinary rate for ordinary hours. Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any four week period for each employee. Payment is subject to adherence to the terms of this clause. (c) Where an employee is sent home in accordance with Clause 13(b) and where the employee has exhausted their paid entitlement under clause 13(b), notwithstanding that some employees the employee may be entitled use banked RDO hours or annual leave to cease work due make up the hours lost to inclement weather. (cd) Inclement Weather If an employee is notified the night before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work a shift that they will not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure be required due to inclement weather; , the employee may take an accrued RDO or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenitiesannual leave. (de) Inclement Weather affecting only A casual employee notified the night before a portion of a work site Should only a portion of the work site shift that they will not be affected by required due to inclement weather, all other employees weather will not so affected will continue working, notwithstanding that some employees may be entitled to any pay. (f) Employees may not cease work due to inclement weatherweather without first obtaining the permission of Kalow Holdings‘ management or site supervisor and following consultation with Kalow Holdings‘ management. (eg) Inclement Weather continuing after 4 hours from Where an employee chooses to finish work due to inclement weather, whether on site or at the usual starting time If after 4 hours from depot, without consultation and agreement with Kalow Holdings‘ management or the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not availablesite supervisor, the Company employee will send employees home. Any employee so instructed will only be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement worked. (h) The Company will not be unreasonably withheld. Ifunreasonably, however, as determined on site by the Company decides after consultation with the representative, hold employees that based on at work, whilst inclement weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that daypersists.

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means the existence of continuous rain or abnormal climatic conditions, (whether by cyclone, hail, cold, high wind, severe dust, extreme high temperature or rain affected work site) as a consequence of which it is either unsafe and/or unreasonable for employees to continue working whilst exposed to that weather. (b) Inclement Weather Commencing commencing after Work work is Started started Work in the open will continue until the particular work can no longer be done safely and efficiently. The Company may require all or any employees to: • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. Should only a portion of the project be affected by inclement weather, all other employees not so affected will shall continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (c) Inclement Weather before Work work is Started started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue shall continue-working, notwithstanding that some employees may be entitled to cease entitled-to- cease-work -- due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in subclauses (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-4- hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in subclauses (b) & (c) is not available, the employees will shall be sent home and paid for the ordinary work time of that day.

Appears in 1 contract

Samples: Enterprise Agreement

Inclement Weather. (a) Definition "Inclement Weather" means The parties agree that should any site and / or section of a site be affected by inclement weather which shall mean the existence of continuous rain or abnormal abnormal; climatic conditions, conditions (whether by cyclonethey be those of hail, hailsnow, cold, high wind, severe dustdust storm, extreme high temperature or rain affected work sitethe like or any combination thereof) as a consequence by virtue of which it is either unsafe and/or unreasonable not reasonable or not safe for employees on that site or section of the site affected can be transferred to continue working whilst exposed to another section of that weather. (b) Inclement Weather Commencing after Work is Started Work in the open will continue until the particular work can no longer be done safely and efficientlysite or another site for productive work. The Company may require all or any employees to: • continue parties agree that inclement weather does not automatically create unsafe working conditions. No employee will be expected to work under cover in unsafe conditions due to inclement weather. The parties to the Agreement agree to collectively work towards the minimisation of lost time due to inclement weather. Further, the parties undertake to adopt the following principles and procedures with regard to inclement weather and the idle time that inclement weather creates: a) Employees shall accept transfer to an area or relocate to alternative work site not affected by inclement weather if, 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 and the company provides, where necessary transport, or payment of an allowance for use of an employees vehicle, at the rates provided there is dry access & egress in the appropriate award(s). b) Where the initiatives described in (a) above are not possible or non-productive, employees will be available for activities such as relevant and meaningful skill development, production / upgrade of skill modules, OH&S training presentation and participation in learning, planning and reprogramming of the project. c) All parties are committed to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to an early resumption of work following any cessation of work, which may result from inclement weather; or • when required. d) If it is necessary and consistent with safe working procedure to walk through inclement areas in order to make areas safe, perform emergency appropriate protection will be provided. e) If it is necessary to walk through inclement areas in order to get to agreed working areas and safety considering safe work or work on unexpected breakdowns which can practices, appropriate protection will be corrected in limited time duration; or • attend toolbox meetingsprovided. f) The practice of “one out, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. all out” will not occur g) Should only a portion of the project be affected by inclement weather, all other employees not so affected will shall continue working, notwithstanding working regardless of the fact that some employees may not be entitled to cease work gainfully employed due to inclement weather. (c) Inclement Weather before Work is Started Where it is inclement from the usual start time for four hours, the Company may require all or any employees to: • remain in amenities provided there is dry access to other necessary amenities; or • continue to work under cover or relocate to alternative work not affected by inclement weather provided there is dry access & egress to amenities; or • obtain materials and services for employees working undercover where there is only minimal exposure to inclement weather; or • when required, perform emergency and safety work or work on unexpected breakdowns which can be corrected in limited time duration; or • attend toolbox meetings, work planning sessions or skills development and/or training activities provided there is dry access and egress to amenities. (d) Inclement Weather affecting only a portion of a work site Should only a portion of the work site be affected by inclement weather, all other employees not so affected will continue working, notwithstanding that some employees may be entitled to cease work due to inclement weather. (e) Inclement Weather continuing after 4 hours from the usual starting time If after 4 hours from the usual starting time the Company, in consultation with their employees, agrees that the weather is unlikely to improve and that the utilisation of employees in (b) & (c) is not available, the Company will send employees home. Any employee so instructed will be paid for the time already attended and for the balance of the ordinary hours of the attendance. Agreement will not be unreasonably withheld. If, however, the Company decides after consultation with the employees that based on weather reports the weather is going to improve such that normal work can recommence, then employees may be required to remain for up to half the remaining ordinary hours after that 4-hour period provided there is dry access & egress to amenities. If the weather is still inclement after that time and the utilisation of employees in (b) & (c) is not available, the employees will be sent home and paid for the ordinary work time of that day.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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