Inclement weather is defined as the existence of rain or abnormal climatic conditions (such as hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination of these conditions) where it not reasonable or it is unsafe for employees (including apprentices and trainees) to continue to work in those conditions.
Work on site must cease when there is inclement weather which makes work unsafe.
What does this mean for the Building and Construction Industry?
The Building and Construction General On-Site Award 2010 (Clause 24) outlines the provisions that must be applied to employees in general building and construction or civil construction that are unable to perform work onsite due to inclement weather.
Under the Award, where an employee (including apprentices and trainees) is unable to perform work at any location because of inclement weather, the employee will receive payment at the ordinary hourly rate for ordinary hours.
Payment for lost time due to inclement weather is subject to a maximum of 32 hours of pay in any 4-week period for each employee
What does this mean if I have a Master Builders Apprentice or Trainee?
Where an inclement weather event occurs, you may find alternative work for the MBA apprentice or trainee (within the apprentice or trainees’ level of capabilities and classification) at a different location where it is reasonable and safe to work.
However, in accordance with the Building and Construction General On-Site Award 2010, an MBA apprentice or trainee must be paid for any hours lost if they have been unable to work due to inclement weather up to a maximum of 32 hours pay in any 4-week period.
As such, if the MBA apprentice or trainee is unable to work due to inclement weather and no alternative arrangements have been made, you will be invoiced against inclement weather for this time at the ordinary hours Invoice Rate you have been provided.
What if Inclement Weather Exceeds 32 hours in any 4-week period for an MBA Apprentice or Trainee?
Master Builders Apprenticeship Services will monitor inclement weather hours for each MBA apprentice or trainee. You will not be invoiced for any inclement weather hours in excess of 32 hours in any 4-week period per MBA apprentice or trainee.
In the event that the inclement weather hours exceeds 32 hours in any 4-week period, Master Builders will contact the MBA apprentice or trainee to determine how the additional hours will be treated. If the MBA apprentice or trainee has accrued RDO’s, the accrued RDO hours will be used for any inclement weather hours in excess of 32 hours in any 4-week period. Otherwise, the apprentices can choose to take annual leave or leave without pay for this time.