LATE CREW CHANGE Sample Clauses

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 Water...

LATE CREW CHANGE. 41.1 Where the crew change does not occur on the due date as per the five-week cycle, i.e., Day 36 in the schedule below (or Day 29 in the schedule below for the four- week cycle) or as per the relevant Memorandum of Understanding or agreed schedule, then a penalty payment, on top of all other remuneration, shall be paid as follows: (a) 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. (b) If an Employee is crew changing on or after Day 38, then the Employee is entitled to their normal Duty Days, plus one additional day's salary from (and including) Day 36 Cycle Day 35 36 37 38 39 Last Duty Day of 5-weekswing Normal crew change day Crew change triggers penalty Duty Days over if no crew change 0 1 2 3 4 (c) 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 salary from (and including) Day 29. Cycle Day 28 29 30 31 32 Last Duty Day of 5-week swing Normal crew change day Crew change triggers penalty Duty Days over if no crew change 0 1 2 3 4 (d) The final day of penalty payment will be the last Duty Day on the Vessel; and (e) The Swing-off day will be a Dead Day as per clause 39.3. 41.2 This clause is subject to the following exclusions: (a) Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by ▇▇▇▇▇▇▇. (b) Agreement reached between the Employee and Solstad. (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 by, a cyclone warning, or by closure of the Port by the relevant authority. (f) Extended Tow (more than 1000 miles), where a lack of port-facilities 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 Union and the Employees is first obtained. (g) Re-delivery voyages, however if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the Union and the Employees is first obtained. (h) Extreme w...

LATE CREW CHANGE. 16.1 The parties have agreed that where the crew-change does not occur on the due date as per the 5 week cycle (4 in southern waters as defined and 4 weeks on construction projects where specified by the relevant schedule), or as per the relevant M.O.U. or agreement schedule) then a penalty payment, on top of all other remuneration (including normal leave accrual) shall be paid as follows:- 16.2 Crew change UP to 3 days late ("over-cycle" or "over-swing") without penalty 16.3 An allowance equivalent to one additional day's salary for each day thereafter that he/she is required to continue to work over-swing [e.g. on the 4th day over-swing the employee receives normal salary plus normal leave accrual plus one additional day's salary] 16.4 The 5th day, 6th day etc over-swing are calculated identically as for the 4th day above. 16.5 This provision is subject to the following exclusions , all the following exclusions except 16.5.1 and 16.5.2 to be activated must be promptly notified/consulted with AIMPE:- [*but also see note below]. 16.5.1 Seismic vessels; in that case the penalty payment does not commence on day 4, instead it commences on over-swing day 8. This extended period of 8 days is only available where: ➢ the vessel does not have a certified helipad; and/or ➢ appropriately certified helicopter facilities are not available; Note: mobilisations of seismic vessels which DO NOT have helicopter landing facilities will be clearly identified to AIMPE at time of mobilisation. Likewise, if it is envisaged that a seismic vessel WITH helicopter landing facilities, is to operate in an area where helicopter crew changes are unavailable, AIMPE will be advised. 16.5.2 Mutually-agreed arrangements between an Engineer and his/her relief on the opposite swing, approved by the Employer; or 16.5.3 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; or 16.5.4 Where a relief was about to join the vessel but is prevented from doing so by failure/delay of commercial airline connections; or 16.5.5 Where a crew change is prevented by a cyclone, a cyclone warning, or by closureof the Port by the relevant authority: or 16.5.6 Extended tows (more than 1000miles) where a lack of port-facilities prevent crew changes being undertaken, however if the duration is likely to be more than 7 days over-swing then this exemption is i...

LATE CREW CHANGE. 24.1 Where a crew change occurs on or after day 38 on a five-week cycle (or day 31 on a four- week cycle) a penalty rate will apply: (a) The penalty rate for a late crew change (as described in subclause 24.1) is the Employee’s normal Aggregate Salary rate plus normal leave accrual plus one additional day’s Aggregate Salary rate from (and including) day one after the due date (i.e., day 36 on a five-week cycle or day 29 on a four-week cycle); (b) The final day of the penalty rate payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. 24.2 There is no penalty rate payable 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. If an Employee is crew changing on or after day 38, then the Employee is entitled to their normal Duty Days plus one additional day’s Aggregate Salary rate 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 rate Duty days over if no crew change 0 1 2 3 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 rate 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 rate Duty days over if no crew change 0 1 2 3

LATE CREW CHANGE. 15.1. The parties have agreed that where the crew-change does not occur on the due date as per the five week cycle (four in southern waters as defined and four weeks on construction projects where specified by the relevant schedule), or as per the relevant M.O.U. or agreement schedule) then a penalty payment, on top of all other remuneration (including normal leave accrual) shall be paid as follows: 15.2. Crew change up to two days late ("over-cycle" or "over-swing") without penalty. 15.3. An allowance equivalent to one additional day's salary for each day thereafter that they are required to continue to work over-swing [e.g., on the 3rd day over-swing the Employee receives normal salary plus normal leave accrual plus one additional day's salary. 15.4. The 4th day, 5th day etc over-swing are calculated identically as for the 3rd day above. Where the crew change penalty is incurred the additional day's pay will commence from day one. The operation of the above is shown below: Cycle Day 35 36 37 38 39 Days Over Cycle 0 1 2 3 4 (Penalty to commence on day 1 where on duty for day 3) Cycle Day 28 29 30 31 32 Days Over Cycle 0 1 2 3 4 (Penalty to commence on day 1 where on duty for day 3) 15.5. This provision is subject to the following exclusions, all the following exclusions except 15.5.1 and 15.5.2 to be activated must be promptly notified/consulted with AIMPE: - [*but also see note below] 15.5.1. Seismic Vessels; in that case the penalty payment does not commence as per

LATE CREW CHANGE. ‌ a) Where the crew change does not occur on the due date as per the agreed schedule, then a penalty payment, on top of all other remuneration, shall be paid as follows: i. For a crew change that occurs over the agreed change day in the swing cycle an Employee will receive a 20% loading on top of the Day rate prescribed in Schedule 1; ii. For crew change that occurs on 3 days or more over the agreed change day in the roster, the Employee will be entitled to one penalty day (one additional day's Base Salary) plus the normal Base Salary and leave accrual per day; iii. The final day of penalty payment will be the last Duty Day on the vessel; and iv. The swing off day will be a Dead Day. b) This clause is subject to the following exclusions: i. Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer; ii. Agreement reached between the Employee and the Employer; iii. 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; iv. Where a relief was about to join the vessel but is prevented from doing so by failure/delay of commercial airline connections; v. Where a crew change is prevented by closure of the Port by the relevant authority; vi. Extreme weather where a crew change is prevented by a decision of the Master due to extreme of sea/wind condition.

LATE CREW CHANGE. 4.2.1 Excluding drydocking voyages or any operational voyages longer than the Port Adeliade to ▇▇▇▇▇ Point voyage and where the crew change does not occur on the due date as per the three-week cycle, plus 3 weeks (6 weeks in total) then a penalty payment of 10% on top of all other remuneration, shall be paid until the conclusion of the swing. 4.2.2 Employees are required to obtain written approval for any leave outside their 3 week swing.

LATE CREW CHANGE. An employee who was due to swing off but is delayed at the request of the employer or due to circumstances beyond the control of the employee shall be paid 2.5 days pay in addition to the payment for each rostered-leave-day, for each day worked after the rostered swing ff day. • An employee who is required to remain on leave after their rostered swing on day shall have a Utility added to their balance for each additional day of leave prior to the actual swing on day. AGR shall make every endeavour to make the actual crew change day as close as practicable to the scheduled crew change day. The on duty period commences the day the employee joins the facility. The off duty period commences the day the employee leaves the facility.