Common use of Restriction of payment Clause in Contracts

Restriction of payment. (a) An Employee will not be entitled to payment 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) The entitlement to payment for time lost due to inclement weather is an entitlement limited to Ordinary Time Earnings and does not apply to overtime and/or weekend work. Should overtime or weekend work be suspended due to inclement weather, then overtime payments will cease subject to the provisions of this Agreement concerning minimum payment for Saturdays, Sundays and Public Holidays, in which cases minimum time payments as prescribed by this Agreement will apply. (c) All necessary steps will be taken to ensure a full working understanding of the inclement weather standards, as contained in this Agreement, is achieved and maintained by management and Employees. (d) Should a portion of a Project be affected by inclement weather, all Employees not affected will continue to work in accordance with the appropriate Agreement provisions, regardless that some Employees may be entitled to cease work due to inclement weather. (e) Should a portion of a Project be affected by inclement weather, Employees can be transferred to another work location under cover on the Project or to another Project in accordance with the provisions prescribed in this clause. (f) Prior to any Employee leaving site due to inclement weather, consultation will take place between Employees and site management. Any 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.

Restriction of payment. (a) An Employee will not be entitled to payment 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) The entitlement to payment for time lost due to inclement weather is an entitlement limited to Ordinary Time Earnings and does not apply to overtime and/or weekend work. Should overtime or weekend work be suspended due to inclement weather, then overtime payments will cease subject to the provisions of this Agreement concerning minimum payment for Saturdays, Sundays and Public Holidays, in which cases minimum time payments as prescribed by this Agreement will apply. (c) All necessary steps will be taken to ensure a full working understanding of the inclement weather standards, as contained in this Agreement, is achieved and maintained by management and Employees. (d) Should a portion of a Project be affected by inclement weather, all Employees not affected will continue to work in accordance with the appropriate Agreement provisions, regardless that some Employees may be entitled to cease work due to inclement weather. (e) Should a portion of a Project be affected by inclement weather, Employees can be transferred to another work location under cover on the Project or to another Project in accordance with the provisions prescribed in this clause. (f) Prior to any Employee leaving site due to inclement weather, consultation will take place between Employees and site management. Any 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 at double time rates.