Common use of Working Arrangements Clause in Contracts

Working Arrangements. (a) The Employer will not require Employees to work in the open in the rain except where the need arises to maintain safety or in emergency situations. In those circumstances, the Employer will provide appropriate wet weather clothing. For those who are required to continue work in the open during the period of inclement weather, they will be paid at the rate of double time. (b) It is agreed that, after consultation with the affected Employee(s), the Employer can transfer Employees to an unaffected area or other sites not affected by inclement weather. (c) If after consultation it is agreed that work be discontinued then only the Employees so affected by the inclement weather, who cannot be transferred to an unaffected area or site, will be allowed to go home and will not suffer any loss of pay. (d) All Employees affected by the inclement weather shall be provided with personal protective clothing as required by the appropriate OHS guidelines. (e) Further to clause 11.2, exposure to weather of high temperature shall be generally deemed to be above 35 degrees, measured by the Bureau of Meteorology at the nearest weather station. (f) If work is to continue, in temperatures in excess of 35 degrees to maintain safety or in emergency situations the following will apply: (i) At temperatures inclusive of 35 degrees a 5 minute break will occur within the hour. (ii) At temperatures inclusive of 37 degrees a 10 minute break will occur within the hour. (iii) At temperatures inclusive of 40 degrees a 15 minute break will occur within the hour. (iv) When Employees are working under these temperatures fluids will be provided for by the Employer. (g) All the clauses above do not apply to Employees travelling in air-conditioned vehicles travelling from site to site to undertake work in locations not affected by inclement weather. (h) It is recognised that in many cases the Employer and Employees will be working at a client’s workplace. In such workplaces where extremes of temperature are encountered, client practice and occupational health and safety principles shall apply, provided that: (i) the client practice is documented, clearly understood and meets all of the conditions of the work being performed; or (ii) if the requirements of 11.4(h)(i) are not met then the provisions of this clause shall apply.