Common use of HOURS OF WORK AND RELATED MATTERS Clause in Contracts

HOURS OF WORK AND RELATED MATTERS. 13.1 There will be a set of Port Operating Practices in each port the company has ongoing operations in. Rosters of work will be established in accordance with the port operating practices for that port. 13.2 The parties agree that the rosters of work are subject to change because of changes to service, operational and port requirements. Changes to the rosters of work (and operating practices) will not constitute a variation to this agreement. 13.3 The normal working day to meet the operational needs of the harbour tug operations shall be up to 12 hour shifts or any other shift arrangement by agreement. Scheduled hours of work should not exceed 12 hours. 13.4 As a general guide, Employees will be provided at least 10 hours rest per day of work. This can be split into several periods providing that one period is a minimum of 6 hours. Appropriate rest periods while performing voyages will be taken based on meeting operational requirements and practical considerations. No Employee shall be required to work if he or she is fatigued or has not had sufficient rest to perform the work in a safe manner. 13.5 As towage operations in regional ports are generally sparse and non-continuous, crews will be engaged for a towage operation or a number of towage operations consistent with clause 13.4. Where facilities are available, crews may be accommodated on board between successive towage operations and will be provided suitable rest periods. 13.6 Other than in exceptional circumstances, an Employee shall not work for more than 14 hours continuously. After such a 14-hour continuous work period the Employee shall have 10 hours off. 13.7 If the 10-hour break is to result in an Employee not being available to commence work at their planned start time on the next shift, the Employee is required to immediately advise the Company of his/her delayed start time. 13.8 An Employee must be provided with minimum aggregate rest of 77 hours in every 7-day period. 13.9 Employees will be entitled to a meal break on completion of 5 hours of duty. The meal break will not constitute a break when assessing unbroken duty. Meal breaks must be taken flexibly. For the avoidance of doubt meal breaks must not be taken in a manner or at a time that would interrupt port operations or towage requirements. 13.10 Employees have a right to disconnect under the terms and conditions as set out section 333M of the Act.

HOURS OF WORK AND RELATED MATTERS. 13.1 There 18. Hours of Work ▇▇.▇. ▇▇▇▇ will be carried out on a set site over consecutively recurring working days followed by an equal number of Port Operating Practices in each port the company has ongoing operations in. Rosters of work will be established in accordance with the port operating practices for that portconsecutive non-working days (Work Cycle). 13.2 18.2. The parties agree that the rosters usual Work Cycle will consist of work are subject to change because of changes to service4 working weeks, operational and port requirements. Changes to the rosters of work (and operating practices) will not constitute followed by 4 non-working weeks, However, a variation to this agreement. 13.3 The normal working day different Work Cycle may be utilised to meet the operational needs requirements of the harbour tug operations shall be up to 12 hour shifts Company’s business or any other shift arrangement by agreement. Scheduled hours that of work should not exceed 12 hoursits clients. 13.4 As a general guide18.3. The Work Cycle may be varied to meet changes to the operational requirements of the client, in which case Employees will be provided at least 10 given the maximum notice possible of the change. Any change in the Work Cycle will not result in a change in the total hours rest worked in a year by an Employee or a change to an Employee’s annualised wage. 18.4. The Ordinary Hours of work shall be 38 hours per day week. The total Ordinary Hours of workwork during a Work Cycle shall not exceed 38 hours multiplied by the number of working and non-working weeks in the cycle. 18.5. This can be split into several periods providing that one period is a minimum of 6 hoursA Work Cycle will include Ordinary Hours and rostered overtime or additional hours (referred to together as Rostered Hours). 18.6. Appropriate rest periods while performing voyages An Employee will be taken based on meeting operational requirements and practical considerations. No Employee shall be required to work if he or she is fatigued or has not had sufficient rest to perform the work Rostered Hours in a safe mannerWork Cycle. The Rostered Hours includes the Ordinary Hours and the reasonable additional hours that are necessary to meet the operational requirements of the workplace and the Company’s business. 13.5 As towage operations in regional ports are generally sparse 18.7. The Rostered Hours shall usually be arranged to include all necessary pre-start and non-continuous, crews will be engaged for a towage operation or a number of towage operations consistent with clause 13.4tool- box meetings. Where facilities are availablesuch meetings occur outside an employee’s Rostered Hours, crews may be accommodated on board between successive towage operations and will be provided suitable rest periods. 13.6 Other than in exceptional circumstances, an Employee shall not work for more than 14 hours continuously. After such a 14-hour continuous work period the Employee shall have 10 hours offbe paid overtime. 13.7 If 18.8. The Rostered Hours are developed having proper regard to, and in compliance with, the 10-hour break is to result Company’s obligations under occupational safety and health laws. 18.9. The Agreement acknowledges the additional hours in the Rostered Hours are reasonable given: (a) an Employee not being available to commence work at their planned start time on receives a level of remuneration that reflects an expectation of working the next shift, rostered additional hours; (b) the Employee is required to immediately advise notice given by the Company of his/her delayed start time. 13.8 An Employee must be provided with minimum aggregate rest of 77 the requirement to work the additional hours in every 7-day periodthe Rostered Hours; (c) the usual patterns of work in the industry, or the part of an industry, in which an Employee works; and (d) the nature of an Employee’s role and level of responsibility. 13.9 Employees will be entitled to a meal break on completion of 5 hours of duty. The meal break will not constitute a break when assessing unbroken duty. Meal breaks must be taken flexibly. For the avoidance of doubt meal breaks must not be taken in a manner or at a time that would interrupt port operations or towage requirements. 13.10 Employees have a right to disconnect under the terms and conditions as set out section 333M of the Act.

HOURS OF WORK AND RELATED MATTERS. 13.1 There will be a set of Port Operating Practices in each port the company has ongoing operations in. Rosters a) The ordinary hours of work will be established 36 per week averaged over a defined work cycle and except in accordance the case of shift workers shall be worked between the hours of 6.00am and 6.00pm Monday to Friday inclusive. b) The Company will determine the work cycle. Where the Company wishes to alter the work cycle it may do so by agreement with the port operating practices for that portmajority of Employees affected by the change. Where no agreement is reached the Company will provide 1 week's notice of the changed work cycle. 13.2 c) The parties agree that spread of ordinary hours of work may be staggered or varied by mutual agreement between the rosters Company and the majority of affected Employees. d) Ordinary hours of work will be consecutive except for an unpaid meal break, which will not exceed 30 minutes. e) Work performed beyond the ordinary hours of work are subject to change because of changes to service, operational and port requirementspayable at the overtime rates in this Agreement. Changes to the rosters Hours of work consists of: • Ordinary Hours • RDO accrual hours; and • Regular scheduled overtime. The indicative Project work hours, rest breaks and lunch breaks are as per Table A below. This arrangement is based on: • 70 hour week (and operating practices7 days x 10 hours) will not constitute for the first week; • 65 hours for the second week (6 days x 10 hours Monday to Saturday plus Sunday x 5 hours); • 70 hours for the third week (7 x 10 hours) and; • For those Employees eligible for R & R leave, the fourth week would be a variation shorter week, typically 4 x 10 hours plus 1 x 8 hour (R & R departure day) depending on flight departure times. For all other Employees this week would be a normal work week. Note: The R & R departure day is intended to this agreement. 13.3 The normal working be a shorter day to meet allow the operational needs of Employee time to pack for departure etc and actual R & R departure day may not be a Friday. The above indicative arrangement is based on commencing work at 0630 and finishing at 1700 hours each work day and finishing at 1130 on the harbour tug operations shall be up to 12 applicable alternative Sundays. Work Starts („on the job‟) Rest Period Meal Break Work Finishes (at Site Access/Exit Point) 6.30am 10am-10.30am 1.30pm-2.00pm 5pm Work Starts („on the job‟) Rest Period Meal Break Work Finishes (at Site Access/Exit Point) 6.30am 9am-9.15am - 11.30am Work Starts („on the job‟) Rest Period Meal Break Work Finishes (at Site Access/Exit Point) 5.00pm 8.30pm-9.00pm 12.00am-12.30am 3.00am The indicative work hour shifts structure is as per Table B below. Monday 8 hours 2 hours 0 hours Tuesday 8 hours 2 hours 0 hours Wednesday 8 hours 2 hours 0 hours Thursday 8 hours 2 hours 0 hours Friday 8 hours 2 hours 0 hours Saturday 0 hours 2 hours 8 hours Sunday 0 hours 0 hours 5 hours for the 65 hour week or any other shift arrangement by agreement. Scheduled hours of work should not exceed 12 hours. 13.4 As a general guide, Employees will be provided at least 10 hours rest per day of work. This can be split into several periods providing that one period is a minimum of 6 hours. Appropriate rest periods while performing voyages will be taken based on meeting operational requirements and practical considerations. No Employee shall be required to work if he or she is fatigued or has not had sufficient rest to perform for the work in a safe manner. 13.5 As towage operations in regional ports are generally sparse and non-continuous, crews will be engaged for a towage operation or a number of towage operations consistent with clause 13.4. Where facilities are available, crews may be accommodated on board between successive towage operations and will be provided suitable rest periods. 13.6 Other than in exceptional circumstances, an Employee shall not work for more than 14 hours continuously. After such a 14-70 hour continuous work period the Employee shall have 10 hours off. 13.7 If the 10-hour break is to result in an Employee not being available to commence work at their planned start time on the next shift, the Employee is required to immediately advise the Company of his/her delayed start time. 13.8 An Employee must be provided with minimum aggregate rest of 77 hours in every 7-day period. 13.9 Employees will be entitled to a meal break on completion of 5 hours of duty. The meal break will not constitute a break when assessing unbroken duty. Meal breaks must be taken flexibly. For the avoidance of doubt meal breaks must not be taken in a manner or at a time that would interrupt port operations or towage requirements. 13.10 Employees have a right to disconnect under the terms and conditions as set out section 333M of the Act.week