Inclement weather – What does the Award say?

Following the wet weather experienced across the ACT over the weekend, many employers may be managing the impacts of inclement weather on construction work sites.

The Building and Construction General On-site Award 2020 (the Award) sets out specific obligations for employers and entitlements for employees when work is affected by inclement weather. Key provisions include the following.

Clause 24.7 – Limitation on paid hours during inclement weather

Where an employee is unable to perform work due to inclement weather, they are entitled to be paid for lost time at their ordinary hourly rate, up to a maximum of 32 hours’ pay within a four-week period.

Clause 24.13 – Availability of alternative work

Where alternative work is available within an employee’s classification, an employer may direct the employee to undertake that work in the following circumstances:

• from one area of a site where it is unreasonable or unsafe to work, to another area on the same site where it is reasonable and safe to work; or
• from a site where it is unreasonable or unsafe to work, to another site where it is reasonable and safe to work.

Clause 24.14 – Additional wet weather procedure

Remaining on site:

Where an employee is unable to work because of wet weather:

• for more than an accumulated four hours on any day; or
• for more than 50% of the working time remaining after the meal break; or
• during the final two hours of the day’s work, for one hour or more,

the employee cannot be required to remain on site.

If an employee is required to remain on site in these circumstances, they must be paid for the time spent waiting due to wet weather in accordance with the Award.

Rain at starting time:

Where an employee is in a shed because they have been rained off, or because it is starting time, morning tea, or lunch time and it is raining, the employee cannot be required to commence work in a dry area or be transferred to another site unless:

• the rain has stopped; or
• a covered walkway has been provided; or
• the shed is undercover and employees can access a dry work area without being exposed to the rain; or
• adequate protective clothing and equipment have been provided.

Employers are encouraged to review their obligations under the Award and ensure their workplace practices comply with the inclement weather provisions. Failure to comply may expose employers to disputes, underpayment claims, or other employment-related risks.

If you have any questions about your obligations under the Award, please contact our Workplace Relations Team:

📞 (02) 6175 5900
📧 workplace@mba.org.au