FAQ

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Call the CFMEU Legal Department on (03) 9341 3444

 

Under the award and our EBA, you should never and legally do not have to work in the rain.  However, you must make the work area safe before you cease work.  If a concrete pour has commenced prior to it raining, the pour can continue until finished, but all affected workers must be provided with wet weather gear and shall be paid double time until they have completed their work.  They are then allowed to go home for the remainder of the day without any loss of pay. 

If it rains at/before starting time and there are no covered walkways from the amenities to the workplace, workers do not have to go to work unless the rain stops or a covered walkway is provided.  

Further information can be found in the Construction and General Award (Clause 23)

If you're still unsure, you can Contact Us

CFMEU EBAs state that workers will stop work and leave site when the temperature reaches 37.5 degrees. The temperature is measured at the nearest Bureau of Meteorology weather station to the work site.

A printable version of this heat policy which includes starategies for working in hot weather that's below the 37.5 degree cutoff can be found here.

 

1. Upon the temperature reaching 35°C a half-hourly reading may be obtained by ringing 1900 926 119.

2. When the temperature is 37.5°C or more at a half-hourly reading work shall cease and workers are entitled to go home.

INCLEMENT WEATHER (EXTREMES OF HEAT) PROCEDURES

Subject to the provisions of the Inclement Weather clause in the respective building industry awards:

1. These procedures shall apply on commercial/industrial projects within the scope of the WA Dispute Settlement Procedures Agreement 1989.

2. When it becomes evident that on-site conditions may be subject to extremes of heat, on-site Union representative(s) shall bring the matter of concern to notice of on-site supervision. A conference between supervision and the employees’ representative(s) shall take place as soon as possible but in any event within 30 minutes of a request for same.

3. In any case, upon being advised of the half hourly reading, as determined by the Perth Bureau of Meteorology, that the temperature is 37.5°C or more, all employees shall be allowed to cease work and go home.

4. When employees leave site in accordance with the above, the inclement weather provisions of the respective building industry awards shall prevail with respect to entitlements to payment.

5. Notwithstanding the above provisions, employees shall continue working in air conditioned areas, provided that their amenities are also air conditioned.

6. Where a concrete pour has been commenced prior to the commencement of a period of inclement weather, as defined above, employees may be required to complete such a pour to a practical stage and for such work shall be paid at a rate of double time calculated to the next hour.

7. When employees leave site in accordance with the above, all work areas shall be left in a safe condition and all tools and work equipment cleaned up and put away.

8. Provided that the employer, his employees and the appropriate union(s) may agree to bring the normal starting time of the working day forward to 6.00am. Such agreement shall not be unreasonably withheld.

While there is no set wind speed limit, all plant has Australian Standard stipulations/requirements for safe operating at particular wind speeds. Manufacturing requirements/limitations of safely operating plant at certain wind speeds should also be utilised.  If in doubt – check with your OHS rep on site or Contact Us.

Well, there are a few different things you can do. If there is a Shop Steward or Health and Safety Rep who works on your site, you should let them know first. If not, then there are still lots of ways you can work this out. If you're a union member and there's nobody in your workplace that you feel comfortable reporting it to, you can submit an alert form <here> to our OHS department who will endeavour to get in touch with you and help you with the issue.

If you believe you are in an extremely dangerous environment that demands urgent attention call the union office immediately on 08 9228 6900 or email [email protected]