Common use of LATE CREW CHANGE Clause in Contracts

LATE CREW CHANGE. ‌ 26.1 Where a crew change occurs on or after day 31 on a four-week cycle a penalty will apply: (a) The penalty for a late crew change (as described in subclause 26.1) is the Employee’s normal Aggregate Salary plus normal leave accrual plus one additional day’s Aggregate Salary from (and including) day one after the due date (day 29) on a four-week cycle; (b) The final day of penalty payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. (d) There is no penalty where crew change occurs up to two days over, i.e. crew change before day 31 under the four-week cycle. If an Employee is crew changing on or after day 31 then the Employee is entitled their normal Duty Days plus one additional day’s Aggregate Salary from (and including) day 29. Cycle day 28 29 30 31 Last duty day of four-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 26.2 The provision of subclause 26.1 (a) is subject to the following exclusions: (a) In the case of Seismic Survey Vessels, Seismic Support Vessels and Geotechnical Vessels, the penalty payment does not commence on day 3, instead it commences on over-cycle day 8. This extended period of eight (8) days, is only available where: (i) The Vessel does not have a certified helipad; and/or (ii) Appropriately certified helicopter facilities are not available; (b) Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer; (c) Where a relief was about to join the Vessel but is prevented from doing so by compassionate grounds or illness/injury of the relief or the negligence of the relief in the 24 hours prior to the due crew change; (d) Where a relief was about to join the Vessel but is prevented from doing so by failure/delay of commercial airline connections; (e) Where a crew change is prevented by cyclone, a cyclone warning, or by closure of the Port by the relevant authority; (f) Extended tows (more than 1,000 miles), where a lack of Port facilities prevent crew changes being undertaken. However, if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the crew is first obtained; (g) Re-delivery voyages, however if the duration is likely to be more than seven (7) days over-swing then this exemption is inactive unless the agreement of the crew is first obtained; and (h) Extreme weather where a crew change in Southern Waters is prevented by a decision of the Masters or helicopter pilots due to extreme of sea/wind condition. 26.3 This clause 26 does not apply to PIRs or TIRs when on board a Vessel in a supernumerary capacity.

LATE CREW CHANGE. ‌ 26.1 27.1 Where a crew change occurs on or after day 38 on a five-week cycle (or day 31 on a four-four- week cycle cycle) a penalty will apply: (a) The penalty for a late crew change (as described in subclause 26.1) is the Employee’s normal Aggregate Salary plus normal leave accrual plus one additional day’s Aggregate Salary from (and including) day one after the due date (day 29) 36 on a fourfive-week cycle or 29 on a four week cycle); (b) The final day of penalty payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. (d) . There is no penalty where crew change occurs up to two days over, i.e. crew change before day 38 under the five-week cycle or before day 31 under the four-week cycle. For example: If an Employee is crew changing on or after day 31 38 then the Employee is entitled to their normal Duty Days plus one additional days’ Aggregate Salary from (and including) day 36. Cycle day 35 36 37 38 Last duty day of five-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 If an Employee is crew changing on or after day 29 then the Employee is entitled their normal Duty Days plus one additional day’s Aggregate Salary from (and including) day 29. Cycle day 28 29 30 31 Last duty day of four-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 26.2 The provision of subclause 26.1 (a) Late Crew Change – is subject to the following exclusions: (a) In the case of Seismic Survey Vessels, Seismic Support Vessels and Geotechnical Vessels, the penalty payment does not commence on day 3, instead it commences on over-cycle day 8. This extended period of eight (8) days, is only available where: (i) The Vessel does not have a certified helipadhelipad or a helipad that has been declared for use; and/or (ii) Appropriately certified helicopter facilities are not available; (b) Mutually Mutually-agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer; (c) Where a relief was about to join the Vessel but is prevented from doing so by compassionate grounds or illness/injury of the relief or the negligence of the relief in the 24 hours prior to the due crew change; (d) Where a relief was about to join the Vessel but is prevented from doing so by failure/delay of commercial airline connections; (e) Where a crew change is prevented by cyclonecyclone by, a cyclone warning, cyclone or by closure of the Port by the relevant authority; (f) Extended tows (more than 1,000 miles), where a lack of Port facilities prevent crew changes being undertaken. However, However if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the crew is first obtained; (g) Re-delivery voyages, however if the duration is likely to be more than seven (7) days over-over- swing then this exemption is inactive unless the agreement of the crew is first obtained; and (h) Extreme weather where a crew change in Southern Waters is prevented by a decision of the Masters Master or helicopter pilots due to extreme of sea/wind condition. 26.3 This clause 26 does not apply to PIRs or TIRs when on board a Vessel in a supernumerary capacity.

LATE CREW CHANGE. ‌ 26.1 47.1 Where a crew change occurs on or after day 31 on a four-week cycle a penalty will apply: (a) The penalty for a late crew change (as described in subclause 26.1subclauses (e) and (f)) is the Employee’s normal Aggregate Salary plus normal leave accrual plus one additional day’s Aggregate Salary from (and including) day one after the due date (day 29) on a four-week cycle; (b) The final day of penalty payment will be the last Duty Day on the Vessel; and (c) The swingSwing-off day will be paid as a Dead Day. (d) There is no penalty where crew change occurs up to two days over, i.e. i.e., crew change before day 31 under the four-week cycle. Five-week cycle e) If an Employee is crew changing on or after day Day 38 then the Employee is entitled their normal Duty Days plus one additional day’s salary from (and including) Day 36. Four-week cycle f) If an Employee is crew changing on or after Day 31 then the Employee is entitled their normal Duty Days plus one additional day’s Aggregate Salary salary from (and including) day Day 29. Cycle day 28 29 30 31 Last duty Example: joining a vessel on a Monday means signing off on a Monday 5weeks later. If the crew change is on Wednesday, it attracts two days late crew change for the two extra Duty Days on Monday and Tuesday. g) The final day of fourpenalty payment will be the last Duty Day on the vessel; and h) The Swing-week swing Normal crew change off day Crew change triggers penalty Duty days over if no crew change 0 1 2 3will be a Dead Day 26.2 The provision of subclause 26.1 (a) 47.2 This clause is subject to the following exclusions: (a) In the case of Seismic Survey Vessels, Seismic Support Vessels and Geotechnical Vessels, the penalty payment does not commence on day 3, instead it commences on over-cycle day 8. This extended period of eight (8) days, is only available where: (i) The Vessel does not have a certified helipad; and/or (ii) Appropriately certified helicopter facilities are not available; (b) Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer▇▇▇▇▇▇▇; (b) Agreement reached between the Employee and ▇▇▇▇▇▇▇; c) Where a relief was about to join the Vessel vessel but is prevented from doing so by compassionate grounds or illness/injury of the relief or the negligence of the relief in the 24 hours prior to the due crew change; (d) Where a relief was about to join the Vessel vessel but is prevented from doing so by failure/delay of commercial airline connections; (e) Where a crew change is prevented by cyclonecyclone by, a cyclone warning, or by closure of the Port by the relevant authority; (f) Extended tows Tow (more than 1,000 1000 miles), where a lack of Port port-facilities prevent prevents crew changes being undertaken. However, if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the crew Union and the Employees is first obtained; (g) Re-delivery voyages, however if the duration is likely to be more than seven (7) days over-swing then this exemption is inactive unless the agreement of the crew Union and the Employees is first obtained; and (h) Extreme weather where a crew change in Southern Waters is prevented by a decision of the Masters or helicopter pilots due to extreme of sea/wind condition. 26.3 This clause 26 does not apply to PIRs or TIRs when on board a Vessel in a supernumerary capacity.

LATE CREW CHANGE. ‌ 26.1 24.1 Where a crew change occurs on or after day 31 on a four-four- week cycle a penalty will apply: (a) The penalty for a late crew change (as described in subclause 26.124.1) is the Employee’s 's normal Aggregate Salary plus normal leave accrual plus one additional day’s 's Aggregate Salary from (and including) day one after the due date (day 29) 29 on a four-week cycle); (b) The final day of penalty payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. (d) 24.2 There is no penalty where crew change occurs up to two days over, i.e. crew change before day 31 under the four-week cycle. If an Employee is crew changing on or after day 31 then the Employee is entitled to their normal Duty Days plus one additional day’s 's Aggregate Salary from (and including) day 29. Cycle day 28 29 30 31 Last duty day of four-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 26.2 24.3 The provision of subclause 26.124.1 (a) is subject to the following exclusions: (a) In the case of Seismic Survey Vessels, Seismic Support Vessels and Geotechnical Vessels, the penalty payment does not commence on day 3, instead it commences on overMutually-cycle day 8. This extended period of eight (8) days, is only available where: (i) The Vessel does not have a certified helipad; and/or (ii) Appropriately certified helicopter facilities are not available; (b) Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer▇▇▇; (cb) Where a relief was about to join the Vessel but is prevented from doing so by compassionate grounds or illness/injury of the relief or the negligence of the relief in the 24 hours prior to the due crew change; (dc) Where a relief was about to join the Vessel but is prevented from doing so by failure/delay of commercial airline connections; (ed) Where a crew change is prevented by cyclone, by a cyclone warning, cyclone or by closure of the Port by the relevant authority; (fe) Extended tows (more than 1,000 miles), where a lack of Port facilities prevent crew changes being undertaken. However, if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the crew is first obtained; (gf) Re-delivery voyages, however if the duration is likely to be more than seven (7) days over-over- swing then this exemption is inactive unless the agreement of the crew is first obtained; and (hg) Extreme weather where a crew change in Southern Waters is prevented by a decision of the Masters or helicopter pilots due to extreme of sea/wind condition. 26.3 24.4 This clause 26 24 does not apply to PIRs or TIRs Cadets and Trainees when on board a Vessel in a supernumerary capacity.