Common use of ADDITIONAL CONSTRUCTION CONDITIONS Clause in Contracts

ADDITIONAL CONSTRUCTION CONDITIONS. a) Inclement weather shall mean the existence of rain and or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail. High temperature for the purposes of this clause shall be deemed to be 350c or higher. (NB: this clause only applies to employees engaged on recognised construction activities on designated construction sites and will not necessarily have application to other facets of the companies activities.) b) During a period of inclement weather employees may be required to complete their assigned work and for such work shall be paid at the rate of single time in addition to their rate at the time of the inclement weather calculated to the next hour, and in the case of wet weather has clearly ended the employees shall resume work at normal rates and the time shall be similarly agreed and noted. c) Where it is necessary an employee shall work during periods of inclement weather to enable the rail network to remain safe whilst mobile plant or employees of the company or contractors employees are restoring the rail network to normal operating conditions. d) Except as provided in clause (c) above, no employee shall be required to work exposed to inclement weather conditions. For the purposes of this clause an employee operating machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to inclement weather. e) All shift work shall be paid at the rate of double time for all hours worked. f) Where there is a need to perform continuing work on a Saturday or Sunday and due to the intermittent resulting overtime and shift work over the period of the project, the following will apply; g) If Saturday night work is worked then the employee has Monday off work with pay, h) If Sunday night is worked then the employee has Monday off with pay to provide a (10) hour break and Tuesday off with pay i) If both Saturday and Sunday nights are worked, then the employee has Monday off with pay to provide a (10) hour break and Tuesday off with pay j) Generally an employee will not undertake construction activities on a construction site when the site is closed to observe RDOs, PDOs, lock down weekends and public holidays, provided however that due to the limited opportunity to gain occupations and access to infrastructure exemptions may be granted between the Company and the relevant representatives on a case by case basis; k) An employee who is in receipt of workers compensation payments as a result of an injury occurring on a construction project, shall also receive payment from the company of an amount equal to the difference between the workers compensation payment and the employee’s ordinary base rate of pay at the time of the injury for a maximum period of one hundred and four (104) weeks.

ADDITIONAL CONSTRUCTION CONDITIONS. 4.13.1. Inclement Weather (a) Inclement weather shall mean the existence of rain and or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of on rail project construction sites which makes it is either not reasonable or not safe for employees exposed thereto Employees to continue working whilst the same prevailwhile exposed to those conditions. High temperature for the purposes of this clause shall be deemed to be 350c 35°c or higher. . (NB: this clause only applies to employees engaged on recognised construction activities on designated construction sites and will not necessarily have application to other facets of the companies activities.) b) During a period of inclement weather employees weather, Employees may be required to complete their assigned work and for such work shall be paid at the rate of single time in addition to their rate at the time of the inclement weather calculated to the next hour, ,. and in the case of wet weather has clearly ended ended, the employees Employees shall resume work at normal rates and the time shall be similarly agreed and noted. (c) Where it is necessary an employee Employee shall work during periods of inclement weather to enable the rail network to remain safe whilst mobile plant or employees Employees of the company Employer or contractors employees contractor Employees are restoring the rail network to normal operating conditions. (d) Except as provided in clause (c) above, no employee Employee shall be required to work exposed to inclement weather conditions. For the purposes of this clause an employee Employee operating machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to inclement weather. e) 4.13.2. All shift work shall be paid at the rate of double time for all hours worked. f) 4.13.3. Where there is a need to perform continuing work on a Saturday or Sunday and due to the intermittent resulting overtime and shift work over the period of the project, the following will apply;: g(a) If Saturday night work is worked then the employee Employee has Monday off work with pay,; h(b) If Sunday night is worked then the employee Employee has Monday off with pay to provide a (10) ten hour break and Tuesday off with pay; or i(c) If both Saturday and Sunday nights are worked, then the employee Employee has Monday off with pay to provide a (10) ten hour break and Tuesday off with pay. j) 4.13.4. Generally an employee Employee will not undertake construction activities on a rail project construction site when the site is closed to observe RDOs, PDOsRDO’s, lock down weekends and public holidays, provided however that due to the limited opportunity to gain occupations and access to infrastructure exemptions may be granted between the Company Employer and the relevant representatives on a case by case basis; k) An employee who is in receipt of workers compensation payments as a result of an injury occurring on a construction project, shall also receive payment from the company of an amount equal to the difference between the workers compensation payment and the employee’s ordinary base rate of pay at the time of the injury for a maximum period of one hundred and four (104) weeks.

ADDITIONAL CONSTRUCTION CONDITIONS. a) 3.1 Inclement weather shall mean the existence of rain and or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail. High temperature for the purposes of this clause shall be deemed to be 350c 35 degrees Celsius or higher. (NB: this clause only applies to employees engaged on in recognised construction activities on designated construction sites and will not necessarily have application to other facets of the companies companies' activities.) b) 3.2 During a period of inclement weather employees may be required to complete their assigned work and for such work shall be paid at the rate of single time in addition to their rate at the time of the inclement weather calculated to the next hour, and in the case of wet weather has clearly ended the employees shall resume work at normal rates and the time shall be similarly agreed and noted. c) 3.3 Where it is necessary an employee shall work during periods of inclement weather to enable the rail network to remain safe whilst mobile plant or employees of the company or contractors contractors’ employees are restoring the rail network to normal operating conditions. d) 3.4 Except as provided in clause (c) 3.3 above, no employee shall be required to work exposed to inclement weather conditions. For the purposes of this clause an employee operating machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to inclement weather. e) 3.5 All employees working night shift work shall be paid at the rate of double time 100% loading for all hours worked. f) Where there is a need to perform continuing work on a Saturday or Sunday and due to the intermittent resulting overtime and shift work over the period of the project, the following will apply; g) If Saturday night work is worked then the employee has Monday off work with pay, h) If Sunday night is worked then the employee has Monday off with pay to provide a (10) hour break and Tuesday off with pay i) If both Saturday and Sunday nights are worked, then the employee has Monday off with pay to provide a (10) hour break and Tuesday off with pay j) Generally an employee will not undertake construction activities on a construction site when the site is closed to observe RDOs, PDOs, lock down weekends and public holidays, provided however that due to the limited opportunity to gain occupations and access to infrastructure exemptions may be granted between the Company and the relevant representatives on a case by case basis; k) 3.6 An employee who is in receipt of workers compensation payments as a result of an injury occurring on a construction project, shall also receive payment from the company of an amount equal to the difference between the workers compensation payment and the employee’s 's ordinary base rate of pay at the time of the injury for a maximum period of one hundred and four (10452) weeks.