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OFFSHORE CONTRACTORS PARTNERSHIP AGREEMENT 2014 -15 Copyright © 2014 Offshore Contractors Association 1 1 INTRODUCTION......................................................................................................................................... 3 2 SCOPE........................................................................................................................................................ 3 3 IMPLEMENTATION DATE. ........................................................................................................................ 3 4 CONSULTATION ARRANGEMENTS. ....................................................................................................... 3 5 SAFETY. ..................................................................................................................................................... 4 5.1 Policy Statement. .............................................................................................................................4 5.2 Safety Representatives and Safety Committees. ............................................................................5 6 TRADE UNION REPRESENTATION. ........................................................................................................ 5 7 DIGNITY AT WORK POLICY. .................................................................................................................... 7 8 PRODUCTIVITY. ........................................................................................................................................ 7 9 TERMINATION OF EMPLOYMENT. .......................................................................................................... 7 9.1 Redundancy Procedures. ................................................................................................................7 9.2 Periods of Notice..............................................................................................................................8 10 COMPETENCE. .......................................................................................................................................... 8 11 TRAINING AND DEVELOPMENT. ............................................................................................................. 8 12 MEDICAL ARRANGEMENTS..................................................................................................................... 9 12.1 Initial and Updating Medical Examination and Re-examination. .....................................................9 12.2 Substance Abuse. ............................................................................................................................9 13 SICKNESSES, ACCIDENT AND LIFE ASSURANCE. ............................................................................... 9 13.1 Payment for Sickness on Offshore Installation. ...............................................................................9 14 LEAVE OF ABSENCE. ............................................................................................................................... 9 14.1 Absence from Offshore Installation for Compassionate Reasons. ..................................................9 14.2 Bereavement Leave. ........................................................................................................................9 14.3 Emergency Leave Time Off For Dependants. ..............................................................................9 14.4 Parental Leave. ............................................................................................................................. 10 14.5 Statutory Paternity Pay. ................................................................................................................ 11 14.6 Statutory Maternity Pay. ............................................................................................................... 11 15 PENSIONS................................................................................................................................................ 12 APPENDIX A ..................................................................................................................................................... 14 PARTNERSHIP AGREEMENT (November 1998). ........................................................................................... 14 APPENDIX B ..................................................................................................................................................... 16 PARTNERS. ...................................................................................................................................................... 16 APPENDIX C ..................................................................................................................................................... 17 WORKING ARRANGEMENTS. ......................................................................................................................... 17 C1 Working Time. ..................................................................................................................... 17 C2 Work Cycle. ......................................................................................................................... 17 C3 Working Hours. ................................................................................................................... 17 C4 Field Breaks and Holidays. ................................................................................................ 18 C5 Holidays with Pay Additional Provisions. ......................................................................... 18 C6 Accommodation Offshore. .................................................................................................. 19 C7 Pay Period. ......................................................................................................................... 19 C8 Travel & Accommodation Expenses. .................................................................................. 19

OFFSHORE CONTRACTORS PARTNERSHIP … · 5.2.3 The Offshore Installations (Safety Representatives and Safety Committees) Regulations (SI 1989 No. 971 as amended)

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Page 1: OFFSHORE CONTRACTORS PARTNERSHIP … · 5.2.3 The Offshore Installations (Safety Representatives and Safety Committees) Regulations (SI 1989 No. 971 as amended)

OFFSHORE CONTRACTORS PARTNERSHIP AGREEMENT 2014 -15

Copyright © 2014 Offshore Contractors Association 1

1 INTRODUCTION......................................................................................................................................... 3

2 SCOPE. ....................................................................................................................................................... 3

3 IMPLEMENTATION DATE. ........................................................................................................................ 3

4 CONSULTATION ARRANGEMENTS. ....................................................................................................... 3

5 SAFETY. ..................................................................................................................................................... 4 5.1 Policy Statement. .............................................................................................................................4 5.2 Safety Representatives and Safety Committees. ............................................................................5

6 TRADE UNION REPRESENTATION. ........................................................................................................ 5

7 DIGNITY AT WORK POLICY. .................................................................................................................... 7

8 PRODUCTIVITY. ........................................................................................................................................ 7

9 TERMINATION OF EMPLOYMENT. .......................................................................................................... 7 9.1 Redundancy Procedures. ................................................................................................................7 9.2 Periods of Notice..............................................................................................................................8

10 COMPETENCE. .......................................................................................................................................... 8

11 TRAINING AND DEVELOPMENT. ............................................................................................................. 8

12 MEDICAL ARRANGEMENTS. .................................................................................................................... 9 12.1 Initial and Updating Medical Examination and Re-examination. .....................................................9 12.2 Substance Abuse. ............................................................................................................................9

13 SICKNESSES, ACCIDENT AND LIFE ASSURANCE. ............................................................................... 9 13.1 Payment for Sickness on Offshore Installation. ...............................................................................9

14 LEAVE OF ABSENCE. ............................................................................................................................... 9 14.1 Absence from Offshore Installation for Compassionate Reasons. ..................................................9 14.2 Bereavement Leave. ........................................................................................................................9 14.3 Emergency Leave – Time Off For Dependants. ..............................................................................9 14.4 Parental Leave. ............................................................................................................................. 10 14.5 Statutory Paternity Pay. ................................................................................................................ 11 14.6 Statutory Maternity Pay. ............................................................................................................... 11

15 PENSIONS ................................................................................................................................................ 12

APPENDIX A ..................................................................................................................................................... 14

PARTNERSHIP AGREEMENT (November 1998). ........................................................................................... 14

APPENDIX B ..................................................................................................................................................... 16

PARTNERS. ...................................................................................................................................................... 16

APPENDIX C ..................................................................................................................................................... 17

WORKING ARRANGEMENTS. ......................................................................................................................... 17

C1 Working Time. ..................................................................................................................... 17

C2 Work Cycle. ......................................................................................................................... 17

C3 Working Hours. ................................................................................................................... 17

C4 Field Breaks and Holidays. ................................................................................................ 18

C5 Holidays with Pay – Additional Provisions. ......................................................................... 18

C6 Accommodation Offshore. .................................................................................................. 19

C7 Pay Period. ......................................................................................................................... 19

C8 Travel & Accommodation Expenses. .................................................................................. 19

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C9 Guaranteed Rest Periods. .................................................................................................. 19

APPENDIX D ..................................................................................................................................................... 22

REMUNERATION .............................................................................................................................................. 22

D1 Standard Time. ................................................................................................................... 22

D2 Charge hand Supplement. .................................................................................................. 23

D3 Other Paid Hours. ............................................................................................................... 23

D4 Safety and Training Courses. ............................................................................................. 23

D5 Field Break. ......................................................................................................................... 24

D6 Nightshift Allowance............................................................................................................ 25

D7 Part Nightshift Allowance. ................................................................................................... 25

D8 Christmas / New Year Allowance. ...................................................................................... 25

D9 Temporary Accommodation Offshore - Scale 1. ................................................................ 25

D10 Temporary Accommodation Offshore - Scale 2. ................................................................ 25

D12 Onshore Lunch Allowance. ................................................................................................. 25

D13 Onshore Evening Meal Allowance. ..................................................................................... 25

D14 Welder Qualification Supplement 1. ................................................................................... 25

D15 Welder Qualification Supplement 2. ................................................................................... 25

D16 Welder Qualification Supplement 3. ................................................................................... 26

D17 Welder Qualification Supplement 4 – Maximum. ................................................................ 26

D18 Industrial Rope Access Operatives. .................................................................................... 26

D19 Delay Payment .................................................................................................................... 26

D20 Rates of Pay – Hourly Employees ..................................................................................... 27

D21 Standby and Delay Payments Matrix .................................................................................. 28

APPENDIX E ..................................................................................................................................................... 30

SICKNESS, ACCIDENT AND LIFE ASSURANCE ........................................................................................... 30

E1 Rules and Guidance for Company Sick Pay (CSP) Scheme ............................................. 31

APPENDIX F ..................................................................................................................................................... 32

DISCIPLINARY AND GRIEVANCE PROCEDURES ........................................................................................ 32

F1 Grievance Procedure. ......................................................................................................... 32

F2 Disciplinary Procedure. ....................................................................................................... 33

F3 Dispute Resolution Procedure. ........................................................................................... 34

APPENDIX G ..................................................................................................................................................... 36

PERSONNEL ..................................................................................................................................................... 36

APPENDIX H ..................................................................................................................................................... 38

MEMBER COMPANIES .................................................................................................................................... 38

APPENDIX J ...................................................................................................................................................... 39

SUPPLEMENTARY PROJECT AGREEMENTS ............................................................................................... 39

APPENDIX K ..................................................................................................................................................... 40

PARTIES TO THE OFFSHORE CONTRACTORS PARTNERSHIP AGREEMENT ........................................ 40

NOTES............................................................................................................................................................... 42

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1 INTRODUCTION. 1.1 The Offshore Contractors’ Association entered into a ’Partnership Agreement’’ with Unite and GMB on

5th November 1998 (Produced in Appendix A) 1.2 In pursuance of the aims of the Partnership Agreement, the Association on behalf of its members, and

the Unions, have negotiated this agreement relating to standard terms and conditions of employment. These terms include terms of remuneration, working hours and holiday entitlement.

1.3 Thereafter the following parties will be referred to as:

1.3.1 Offshore Contractors’ Association, referred to thereafter as the “OCA” 1.3.2 Unite and GMB, referred to thereafter as the “Signatory Trade Union (s)” 1.3.3 Offshore Contractors’ Association Partnership Agreement, referred to thereafter as the

“Partnership Agreement” 1.3.4 Member & Associate Member Companies, referred to thereafter as the “Member Company

(ies)” 1.3.5 Signatories to the Partnership Agreement, referred to thereafter as the “Partners”

2 SCOPE. 2.1 The “Partnership Agreement” standard terms and conditions of employment shall apply to employees

who meet the following criteria:

2.1.1 Employed by a Member Company of the OCA as listed in Appendix H, and; 2.1.2 Engaged in construction, commissioning, modifications, maintenance, operations and

decommissioning work under a recognised discipline as listed in Appendix G, and; 2.1.3 Employed to work offshore in the UK Territorial Waters and the UK Continental Shelf in the

upstream oil and gas industry, and; 2.1.4 Employed to work within the following areas:

2.1.4.1 Mechanical engineering (including HVAC, piping and structural); 2.1.4.2 Electrical and instrument engineering; 2.1.4.3 Operations; 2.1.4.4 Services and associated trades.

2.2 The scope of this agreement specifically excludes employees working in the following areas:

2.2.1 Drilling operations; 2.2.2 Subsea operations, specifically diving and pipe laying work; 2.2.3 Catering work; 2.2.4 Marine operations covered by IMCA; 2.2.5 Vendors engaged under other arrangements.

3 IMPLEMENTATION DATE. 3.1 The “Partnership Agreement” came into effect on 1st April 2000 and will be reviewed annually. Member

Companies will require to amend individual employees’ statements of terms and conditions of employment to reflect new terms agreed following annual review.

4 CONSULTATION ARRANGEMENTS. 4.1 Representatives of the OCA and Signatory Trade Unions agree to meet at least four times per year on

a consultative basis. At least one of these meetings will be for the purposes of reviewing the Partnership Agreement. The purpose of these meetings is to enable an effective exchange of views; promote a better understanding of the challenges facing the offshore industry; diffuse potential areas of conflict and collaborate in finding solutions.

4.2 Issues to be considered will include:

4.2.1 Discussion and debate on initiatives developed either by the OCA in its various committees and in discussion with its clients, or by the Signatory Trade Unions.

4.2.2 Investigation and response to issues raised by the Signatory Trade Unions.

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4.2.3 Consultation and review of guidelines produced to cover safety, employee issues and working arrangements.

4.2.4 Safety issues. 4.2.5 Training and Competence issues. 4.2.6 Employment practices including the engagement of labour and termination of employment,

induction routines in general terms including ways of improving productivity and reducing costs to maintain the industry’s competitiveness and improve performance.

4.3 The establishment of these arrangements will in no way pre-empt direct consultation and

communication between individual companies and their employees. 4.4 Collective bargaining of pay, hours and holiday entitlement will only be dealt with at the annual

negotiations between the “Partners”. Issues relating to individual concerns of pay and benefits must always be dealt with through the grievance and disciplinary procedures with the individual employee and employer.

4.5 No less than six months’ notice will be given in writing by any of the “Partners” if termination or revision

is required, but termination shall only be agreed between the months of March and June inclusive. This six month period may, however, be waived by mutual agreement.

4.6 It is recognised that there is already OCA and Signatory Trade Union involvement in other industry

bodies; in a best effort to avoid duplication of effort the “Partners” will work to ensure that issues are channelled to the appropriate bodies.

4.7 The “Partners” will issue joint media releases on important issues as necessary to demonstrate that

effective dialogue is taking place between the parties and show the partnership to be a constructive, and forward-thinking regarding its employee relations, working for the interest of employees and member companies.

5 SAFETY. 5.1 Policy Statement.

5.1.1 The OCA and Signatory Trade Unions are fully committed to encouraging all their members to

provide a safe and healthy working environment and to that end are constantly monitoring the performance of their members.

5.1.2 In order that this policy is maintained it is essential that every employee co-operate with his/her employer on all matters relating to safety and fully participates in both employer and trade union approved training courses.

5.1.3 Whilst it is appreciated that each employing company will have its own Safety Policy, which must be adhered to, there are also a number of general matters, which all employees are required to adhere to. These are listed below:

5.1.3.1 All employees must comply with the safety requirements of the Installation manager of

the client company, and with any captain of any boat, aeroplane or helicopter transferring personnel to and from the offshore installation.

5.1.3.2 All employees must comply with any safety rules or regulations made by the employer and the client for the safety and good order of the installation taking into account any local or extraordinary circumstances which may prevail. All requirements for safety rules and regulations will be displayed in a prominent place on the offshore installation, or otherwise drawn to the attention of employees.

5.1.3.3 All employees must comply with instructions from the installation manager to attend all safety briefings and safety drills when required.

5.1.3.4 Any Personal Protective Equipment and Clothing required under relevant Health and Safety legislation for the work being carried out will be provided by the employer and worn as required on the installation.

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5.1.3.5 Any clothing so issued will remain the property of the employer, and any abuse of said clothing and boots may involve disciplinary action and/or a possible charge for replacement.

5.1.3.6 An employee shall be subject to a baggage inspection whilst in transit or on the offshore installation. Any alcohol, illegal drugs, prescription drugs that have not been declared or for which the employee does not have a prescription, prohibited items, or offensive weapons, and employer’s or client’s property found will be confiscated and the employee subject to immediate disciplinary action which could include summary dismissal.

5.1.3.7 Personnel transfer operations using lifting equipment and personnel carriers should only be undertaken when the particular circumstances make it essential and it is not reasonably practicable to transfer personnel by less hazardous means. Refer to HSE Offshore Information Sheet No 1/2007 Guidance on procedures for the transfer of personnel by basket. The Health and Safety at Work Act 1974 lays down obligations on all employees to take reasonable care of themselves and others in the workplace, and to co-operate in maintaining a safe place of work.

5.2 Safety Representatives and Safety Committees.

5.2.1 The “Partners” will fully support the Offshore Installations (Safety Representative and Safety Committees) Regulations (SI 1989 No. 971 as amended), and these have been implemented throughout the industry.

5.2.2 All employers must have procedures in place to address safety concerns and will encourage all members of the Workforce to draw safety matters to the attention of supervisors and/or safety representatives and, if necessary, higher levels within the company without fear of recrimination.

5.2.3 The Offshore Installations (Safety Representatives and Safety Committees) Regulations (SI 1989 No. 971 as amended) enable every offshore worker to have a voice in health and safety on their offshore installation. The main aim of the Regulations is to ensure that offshore installation owners, offshore installation managers, employers and workpeople work together towards the common goal of reducing offshore accidents and occupational ill health.

6 TRADE UNION REPRESENTATION. 6.1 Employers shall endeavour to facilitate access for Officials of the Signatory Trade Unions to relevant

employees working under the Partnership Agreement. 6.2 Trade Union Representatives shall be elected from the existing work force in accordance with the rules

of their trade union to act on its behalf in observance of the “Partnership Agreement”. Every effort will be made to nominate candidates from those whose overall experience makes them suitable for the task and for this purpose at least two years’ experience in the industry will normally be the acceptable minimum length of service. There shall be no more than one representative for each Signatory Trade Union and section for each offshore rota.

6.3 The employers recognise the rights of the employees to elect representatives but due to the very special

nature of the work on an offshore installation and the special safety requirements, Representatives may only convene meetings on the offshore installation in accordance with the rules set out by the Installation Manager of the client company. Otherwise their representational functions will not be affected.

6.4 Representatives will not represent employees of any employer other than their own. 6.5 The name of each accredited Representative and the categories of employees they represent will be

notified to the employer’s representative at the onshore base in writing by the Trade Union concerned. No other Representative will be recognised.

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6.6 Trade Unions Representatives will be subject to the rules of their Trade Unions and will act in support of the spirit of this agreement. This extends to direct communication with the media, which shall be the joint responsibility of the Partners.

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7 DIGNITY AT WORK POLICY. 7.1 The Partners believe under no circumstances should an individual be subject to comments, language

or behaviour which could be perceived to be bullying, harassment or discrimination. Bullying, harassment or discrimination in any form will not be tolerated by Member Companies and all complaints will be investigated. Any employee who feels they have been subject to an incident where this policy has been breached may contact an appropriate member of the employer’s management team directly and in confidence, or a full-time official of a Signatory Trade Union to seek assistance as to how best to progress the issue. All complaints of bullying, harassment and discrimination will be fully investigated in line with the grievance and disciplinary procedure. Any employee bringing such an issue forward will be guaranteed they will suffer no form of reprisal from the employer or the Partners as a result of raising it.

7.2 Recognising the protection for employees provided by the Public Interest Disclosure Act, it is agreed that,

except in circumstances covered by that Act, no employee or their representative shall make contact with the press or media in connection with matters of this Agreement. Breaches of this requirement shall be dealt with under Disciplinary Procedures.

7.3 Full details of the grievance and disciplinary procedure are contained in Appendix F.

8 PRODUCTIVITY. 8.1 In the spirit of the Partnership Agreement, all “Partners” will work proactively to create a framework for

the development of a culture supporting improved productivity and performance. The grievance and disciplinary procedures contained within this agreement support one of the principal aims of the partnership, which is full co-operation between employers and the workforce.

8.2 Support for the following cost effective solutions to improved productivity will include:

8.2.1 Team based approach to working. 8.2.2 Identification and resolution of any wasteful practices, restrictions or customs likely to impede

maximum productivity. 8.2.3 Where production can be improved, full and active support by the workforce and signatory

Trade Unions must be given to the introduction or furtherance of new practices, such as flexible working, introduction of new technology, multi-skilling, multi-tasking.

8.2.4 Commitment to identifying, sharing and introducing best practices from other industries.

8.2.5 Continuous Development and Improvement. 8.2.6 Development of new motivational incentive strategies by agreement through consultation and

introduction of specific project supplementary arrangements (SPSA) where these are seen as a means of increasing productivity. Refer to Appendix K for the means of introducing approved SPSA’s.

8.3 To ensure the smooth and safe transition to alternative working practices the employer will commit to

providing the necessary training, tools, equipment and information to facilitate the execution of effective working.

9 TERMINATION OF EMPLOYMENT. 9.1 Redundancy Procedures.

9.1.1 Redundancy is a major issue upon which the employer(s) will consult with the Signatory Trade Unions at the earliest practical opportunity.

9.1.2 Under the Trade Union and Labour Relations (Consolidation) Act 1992, as amended, employers must consult with the Signatory Trade Unions to this Agreement, as appropriate, in certain collective redundancy situations.

9.1.3 Collective consultation shall take place, with Signatory Trade Unions, at an agreed onshore location.

9.1.4 Employers will endeavour to advise any site Representatives of the signatory Trade Unions of any impending redundancy situation regardless of numbers involved.

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9.1.5 Consultation will commence in line with statutory requirements or as soon as reasonably practicable given the short-term changes in circumstances commonly experienced in an offshore contracting environment.

9.1.6 Any collective arrangements entered into do not remove the requirement for individual consultation.

9.1.7 Where a Member Company is proposing to select employees for redundancy based on a matrix system, it should be demonstrated during the collective consultation that the criteria and scoring system are objective, verifiable and those applying the selection matrix are trained in its application.

9.2 Periods of Notice.

9.2.1 The notice periods required to be given under the Agreement are governed by the provisions contained in the Employment Rights Act 1996.

9.2.2 The first two work cycles in employment will be regarded as the probationary period, during which notice will be given in line with the provisions outlined in section 9.2.4. (See section C2.2 for definition of work cycle).

9.2.3 During the probationary period, the disciplinary procedures do not apply. However when

dismissals occur during this period they must be handled fairly and the reasons recorded at the time. Signatory Trade Union Officials have the right to challenge such dismissals.

9.2.4 As per the Employment Rights Act 1996 the notice required to be given by a member company to terminate the contract of employment of an employee is: 9.2.4.1 No less than twenty four (24) hours’ notice for those with less than one (1) months

continuous employment. 9.2.4.2 No less than one (1) weeks’ notice for those with one (1) month or more continuous

employment, if their period of continuous employment is less than two (2) years. 9.2.4.3 No less than one (1) weeks’ notice for each year of continuous employment for those

with two (2) years or more continuous employment up to a maximum of twelve (12) weeks’ notice.

9.2.4.4 If an employee’s contract of employment is terminated as a result of Gross Misconduct in accordance with the disciplinary procedures, the provisions outlined in section 9.2.4 will become invalid.

9.2.5 The notice required to be given by an employee to terminate their contract of employment is:

9.2.5.1 No less than twenty four (24) hours’ notice from those with less than one (1) months continuous employment.

9.2.5.2 No less than two (2) weeks’ notice from those with one (1) month or more continuous employment, up to a maximum of four (4) weeks’ notice for those with two (2) years or more continuous employment.

9.2.5.3 However consideration may be given to reducing this period if an employee requires to leave on urgent grounds, the basis of which must be outlined in writing by the employee to the employer.

10 COMPETENCE. 10.1 Employees will be required to co-operate and participate in the assessment of their competence in their

category of employment. 11 TRAINING AND DEVELOPMENT. 11.1 The OCA and the Signatory Trade Unions actively encourage the development of all employees.

Training will be provided to ensure employees have the necessary skills and knowledge required to safely and efficiently perform their role whilst also enhancing future employability. The fullest use will be made of appropriate training schemes and all employees must accept trainees within the workforce and co-operate in the training and development of such trainees.

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11.2 Where a recognised standard of trade competence exists, the parties to this agreement will actively support its development and use in establishing the competence of employees against the recognised standard.

11.3 It is a specific condition of employment that all employees must undertake relevant training if requested

and shall apply such skills in which they are proficient.

12 MEDICAL ARRANGEMENTS. 12.1 Initial and Updating Medical Examination and Re-examination.

12.1.1 Employees will be required to satisfy the industry medical standards, which are required by the employer and the employer’s client. Such standards may include a requirement for screening for alcohol or drug abuse. Any necessary expenses incurred will be reimbursed.

12.2 Substance Abuse.

12.2.1 Employees may be required to submit to tests for alcohol or illegal drugs. Tests would typically be on-site breathalyser tests or urine analysis followed by clinical or laboratory confirmation. Positive results from, or refusal to submit to, such tests will result in disciplinary action, in accordance with the procedures laid down in Appendix F up to and including summary dismissal.

13 SICKNESSES, ACCIDENT AND LIFE ASSURANCE. 13.1 Payment for Sickness on Offshore Installation.

13.1.1 Full pay will be payable for certified sickness on the offshore installation up to a maximum of 12 hours per day. Subject to individual member company arrangements the payment would cease on being transported off the offshore installation and payment would re-commence when the employee returns to work.

13.1.2 Sickness, accident and life assurance cover will be provided by individual companies to at least the benefits as listed in Appendix E.

13.1.3 Suitably qualified and nominated members of an Emergency Response Team will be guaranteed basic earnings up to a maximum of 52 weeks. This will be only payable in the event of the employee being injured and prevented from working in the course of their Emergency Response duties which shall include training exercises.

14 LEAVE OF ABSENCE. 14.1 Absence from Offshore Installation for Compassionate Reasons.

14.1.1 Subject to individual member company arrangements, payment will cease on arrival at the employer’s onshore base and re-commence when the employee returns to work. All absence for compassionate reasons, other than bereavement, will be unpaid.

14.2 Bereavement Leave.

14.2.1 Upon application supported by evidence satisfactory to the employer up to a maximum of five days (excluding travel) bereavement leave will be granted on the death of a Spouse, Child, Grandchild, Parent or Parent of Spouse, Brother or Sister. Where reasonable and necessary, longer periods of unpaid leave may be permitted.

14.2.2 For each day of bereavement leave so granted, the employee will be paid for 12 hours / One day at the Offshore Rate. This payment will qualify for field break accrual if appropriate.

14.2.3 Days of bereavement will only be paid for days of the worked part of the cycle lost (the employee having to miss worked shift).

14.2.4 The provision of Bereavement Leave above will apply, with the agreement of the employer where an employee has special responsibility towards the deceased person, not listed above, on the production of satisfactory evidence of relationship.

14.3 Emergency Leave – Time Off For Dependants.

14.3.1 In accordance with the Employment Relations Act 1999 the following leave provisions will apply to offshore personnel. An employee is entitled to be permitted by his employer to take

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a reasonable amount of time off during the employee’s working hours in order to take action, which is necessary: 14.3.1.1 to provide assistance on an occasion when a dependant falls ill, gives birth or is

injured or assaulted; 14.3.1.2 to make arrangements for the provision of care for a dependant who is ill or

injured; 14.3.1.3 in consequence of a death of a dependant (bereavement leave – see also 14.2); 14.3.1.4 because of the unexpected disruption or termination of arrangements for the care

of a dependant, or to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him/her.

14.3.2 The above does not apply unless the employee: 14.3.2.1 tells his employer the reason for their absence as soon as reasonably practicable

and; 14.3.2.2 except where the above paragraph cannot be complied with until after the

employee has returned to work, tells their employer for how long he expects to be absent.

14.3.2.3 A dependant means in relation to an employee i.e. the partner, child or parent of the employee, or someone who lives with the employee as part of his or her family. It does not include tenants or boarders living in the family home, or someone, who lives in the household as an employee, for example, a live-in housekeeper.

14.3.3 In cases of illness, injury or where care arrangements break down; a dependant may also be someone who reasonably relies on the employee for primary care or assistance in an emergency.

14.3.4 The amount of time off that is necessary will depend on what is reasonable in the individual circumstances of each case. Any extended periods for time off must be agreed with the employer.

14.3.5 Payment for Time off for Emergency Leave. 14.3.5.1 All absence for time off for dependants will be unpaid. Payment will cease on

being transported off the offshore installation and will recommence when the employee returns offshore. Employees who require to take emergency leave at the time of their scheduled return offshore will not be paid until they resume normal offshore duties. Resumption of duty will depend on availability of flights and slots in normal rotas.

14.3.5.2 Where appropriate, current legislation provisions will apply in all instances. However, for the sake of clarity, attention is drawn to the following:

14.4 Parental Leave.

14.4.1 The Parental Leave Regulations 1999 (amended in 2001 & 2002 introduced the right to take time off work to look after a child or make arrangements for the child’s welfare. This applies to all eligible employees and is not extended to the broader category of worker. In order to qualify for parental leave, an employee must: 14.4.1.1 Have completed one year’s continuous service with current employer. 14.4.1.2 Have or is expected to have, formal parental responsibility for a child.

14.4.2 Qualifying employees are entitled to: 14.4.2.1 13 weeks’ unpaid parental leave for each child and/or 18 weeks’ unpaid parental

leave for each disabled child. 14.4.3 Criteria for taking unpaid parental leave:

14.4.3.1 Employee must provide employer with a minimum of 21 days’ notice. 14.4.4 The leave can only be taken in respect of children born or placed for adoption on or after 15th

December 1994. 14.4.5 Parental leave must be taken before the child’s fifth birthday with the following exceptions:

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For children placed for adoption, leave must be taken by the fifth anniversary of the child’s placement or their 18th birthday, whichever is earlier.

For disabled children, leave can be taken over a longer period, up to their 18th birthday.

14.5 Statutory Paternity Pay.

14.5.1 The Employment Act 2000 came into effect on the 6th April 2003 which provided the right to paternity leave to all eligible employees. Following the birth of a child, the rights to paternity leave and pay will give eligible employees the right to take paid leave to care for the child or support the mother. This applies to all eligible employees and is not extended to the broader category of worker. In order to qualify for paternity leave an employee must: 14.5.1.1 have or expect to have responsibility for the child’s upbringing. 14.5.1.2 be the biological father of the child or the mother’s husband or partner. 14.5.1.3 have worked continuously for their employer for 26 weeks ending with the 15th

week before the baby is due. 14.5.2 Qualifying employees are entitled to:

14.5.2.1 Up to two weeks paternity leave paid at Statutory Paternity Pay (SPP). 14.5.2.2 Statutory Paternity Pay is paid by employers for either one or two consecutive

weeks as the employee has chosen. The rate of Statutory Paternity Pay is the same as the standard rate of Statutory Maternity Pay.

14.5.3 Criteria for taking paternity leave: 14.5.3.1 Employer has the right to request employees provide a self-certification that they

meet these eligibility requirements. 14.5.3.2 Eligible employees can choose to take either one week or two consecutive

weeks’ paternity leave (not odd days). 14.5.3.3 They can choose to start their leave:

from the date of the child’s birth (whether this is earlier or later than expected) or:

from a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected) or:

from a chosen date later than the first day of the week in which the baby is expected to be born.

14.5.3.4 Leave can start on any day of the week on or following the child’s birth but must be completed:

within 56 days of the actual date of birth of the child, or:

if the child is born early, within the period from the actual date of birth up to 56 days after the first day of the expected week of birth.

14.5.3.5 Employees must inform their employers of their intention to take paternity leave by the end of the fifteenth week before the baby is expected, unless this is not reasonably practicable.

14.5.3.6 They must tell their employers:

the week the baby is due.

whether they wish to take one or two weeks’ leave.

when they want their leave to start. 14.5.3.7 Only one period of leave is available to employees irrespective of whether more

than one child is born as the result of the same pregnancy.

14.6 Statutory Maternity Pay.

14.6.1 The Employment Act 2002 introduced enhanced maternity leave to all eligible employees. This applies to all eligible employees and is not extended to the broader category of worker.

14.6.2 Employees are entitled to:

14.6.2.1 26 weeks of Ordinary Maternity Leave (OML) regardless of length of service. Payment will be in line with the Statutory Rate as amended from time to time. 26 weeks of Additional Maternity Leave (AML) if they have 26 weeks of continuous service with their employer by the 14th week of expected week of childbirth. This

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is normally unpaid unless individual member companies have alternative arrangements.

14.6.3 Criteria for taking Maternity Leave: 14.6.3.1 For Ordinary Maternity Leave (OML), an employee must give their employer at

least 28 days’ notice of her intention to stop work or, if that is not reasonably practicable, as much notice as was reasonably practicable.

14.6.3.2 For Additional Maternity Leave (AML), an employee must comply with continuous service and notification requirements.

14.6.3.3 An employee must notify their employer before the end of the 15th week before the Expected Week of Childbirth (EWC) or if not practicable then as much notice as reasonably practicable.

14.6.3.4 An employee can choose to start her maternity leave at any time, provided it is not before the 11th week before the EWC.

14.6.3.5 Additional Maternity Leave must start immediately after Ordinary Maternity Leave.

14.6.4 Returning to Work:

14.6.4.1 An employee who intends to return to work at the end of her full maternity leave entitlement is not required to give any further notification to her employer.

14.6.4.2 An employee who wants to return to work before the end of her maternity leave needs to give her employer 28 days’ notice of the date she wants to return to work.

14.6.5 Special Arrangements for Offshore Personnel

14.6.5.1 It is in the interests of all parties that the employee advises their employer of their pregnancy at the earliest opportunity. This allows the employer, its medical advisers and the employee to plan the best way forward during the pregnancy period.

14.6.5.2 As soon as an employee advises they are pregnant then the employee will be suspended from working offshore until a full medical examination by the employer’s medical advisers has taken place and a full report has been submitted to the employer.

14.6.5.3 The employer will then convene a meeting with the employee and her representative at the earliest possible time to discuss how the pregnancy may impact the employee’s ability to work offshore. If the representative is a Trade Union Representative they must be from a signatory trade union.

14.6.5.4 The employee will remain on full pay until such time as the meeting with the employer takes place.

14.6.5.5 The employees’ continued employment offshore would be reviewed after consultation with the employer’s medical advisors under the current OGUK medical guidelines, which include specific reference to pregnancy and offshore working.

14.6.5.6 If available, in the interests of the health of mother and child, transfer to suitable alternative onshore work, in relation to the employee appropriate for her to do in the circumstances, is preferable.

14.6.5.7 If the employee is deemed unfit to work offshore due to her pregnancy and no suitable alternative work is available onshore, the employer may suspend the employee on full pay until the date of childbirth; thereafter the employee will be entitled to statutory maternity provisions.

14.6.5.8 Before returning to offshore employment after the birth, the employee must attend the employer’s medical advisors and be certified as fit to return to offshore employment.

15 PENSIONS 15.1 Stakeholder Pension

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15.1.1 Employees will be offered in writing within three months of commencing employment, access to a designated stakeholder pension scheme.

15.1.2 Employees who participate in an occupational pension scheme will be excluded from the offer.

15.1.3 Employers will deduct pension contributions from the employee’s pay and pay them into the designated scheme.

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APPENDIX A PARTNERSHIP AGREEMENT (November 1998).

The OCA, UNITE and GMB and their predecessors have a long history of working together within the offshore industry beginning in the 1970’s. Due to this long-standing alliance, AMICUS and GMB were the obvious partners for the OCA to develop a Partnership Agreement, aimed at ensuring the industry’s continued development well into the millennium. The Partnership Agreement was signed on the 5th November 1998 and is detailed below. A1 Parties. Partnership Agreement between the Offshore Contractors’ Association (OCA), the Amalgamated Engineering and Electrical Union (AEEU)*, and the GMB. *Now part of UNITE. A2 Fundamentals of Agreement. This agreement supports a partnership between the signatories to facilitate the continued development of the UK Oil and Gas Industry through open constructive dialogue, recognising the key role the industry plays in the UK economy and the employment and the need to support the drive for increased competitiveness in the global marketplace. All parties recognise that significant improvements will only be realised where effective dialogue exists through co-operation, consultation and negotiation and commit to working with all appropriate statutory and non-statutory industry bodies to deliver such improvements. Specifically, the parties, through this agreement, will focus on three tenets, which directly influence the industry’s performance: A3 Safety.

Active involvement of all parties in established forums.

Annual conferences attended by senior members of the organisations to discuss safety performance and develop action plans for improvement.

Risk assessments of all proposals for new working practice.

A4 Productivity / Performance.

Total non-disruption factor.

Commitment to fully explore new ways of working at industry and national level in conjunction with industry National Training Organisations (NTOs), government bodies, and other relevant institutions.

Assessment of best practices from other industries/economies.

Adoption of new technology and innovation.

Active support for flexible skilling as a key contributor to productivity gains. A5 Future Industry Development.

The development of a well-trained workforce with transferable skills.

Commitment to continuous skills and technical training to support cost effective use of working time.

Development of procedures, which support the provision of a stable, work environment.

Constructive dialogue on concerns, issues and initiatives aimed at securing maximum benefit from the application of individual and joint influence at all levels.

Terms and conditions of employment, which recognise loyalty, skills and experience within the overall industry’s economic position.

A co-operative approach to the provision and acceptance of skill enhancement and cross skills training.

The signatory parties agree to recognise each other as the principal and sole participants in such collective bargaining processes as may be developed to underpin the conduct of industrial relations within the offshore Oil and Gas Industries.

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The signing of this Memorandum by the OCA and the AEEU /GMB is the first crucial step in the process of jointly improving the position of the offshore industry, together with the efforts required in the areas of improving competitiveness to ensure strong growth of the industry both domestically and in the arena of international challenges. Ken Jackson, General Secretary, AEEU. John Edmonds, General Secretary, GMB. Syd Fudge OBE Chairman, OCA. 5th November 1998.

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APPENDIX B

PARTNERS. B1 Offshore Contractors Association (OCA).

The Offshore Contractors’ Association is the lead representative body for the UK’s Oil and Gas contracting and supply industry. The organisation looks after the interests of more than 70 Member Companies with a combined workforce of more than 30,000 employees. The OCA maintains links with government and the industry’s other main bodies. Established communications with Oil & Gas UK, the Health and Safety Executive (HSE), the Department of Business Enterprise and Regulatory Reform (BERR) and other relevant organisations help the OCA meet its main aims. Some of these include:

Represent, through a single industry body, the contractors and suppliers providing services to oil and gas facilities world-wide.

Promote and develop matters relating to health, safety and environment for all personnel within the industry.

Develop and agree policies for consultation and negotiation with representative bodies and negotiate on behalf of member employees.

Promote and develop occupational standards and training programmes to ensure the industry has competent and skilled personnel.

B2 Unite & GMB Trade Unions.

The Unite and GMB are two of the largest unions in the TUC, and between them they represent most Trade Union members throughout the offshore engineering, shipbuilding and aerospace industries. Unite and GMB have led many successful campaigns to improve conditions for workers in all industries such as ‘’Fairness at Work’’, Health and Safety, and Working Time Regulations. Both GMB and Unite members in Parliament have played a major part in ensuring the passage of the ‘devolution’ legislation for Scotland. The Unions have played a key role in the Inter Union Offshore Oil Committee and the work of the Oil & Gas Task Force set up by BERR to look at the future of the industry in the North Sea. The GMB and Unite will continue to play an important role in this work through their representation on PILOT, the new body set up by government to implement the proposals of the Task Force. The GMB and Unite through this Partnership Agreement will give offshore workers a real voice in their industry – negotiating rights and representatives in disciplinary matters; representation on Health and Safety; access to the unions’ legal services and legal representation, financial advice and friendly society benefits. The Unite and GMB together through this Partnership Agreement can provide an effective and united voice for offshore workers in the North Sea.

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APPENDIX C

WORKING ARRANGEMENTS.

C1 Working Time.

The Working Time Regulations (WTR) 1998 came into force offshore on the 1 August 2003. In September 2007, the signatories entered into a memorandum of understanding confirming that the holiday provision set out at Section C4.1 below discharges all obligations under the WTR and all subsequent amendments to date. The reference period for compliance will be 52 weeks.

Under Working time regulation 1999; R3(1) it is not possible to apply a collective opt-out which stipulates that unless the employer first obtains a written opt-out from the employee an employees working time, including overtime, within the reference period shall not exceed an average of 48 hours for each 7 day period.

Individuals who are working under the partnership may choose to work more than the average 48 hours weekly limit, by signing an Individual opt-out form. Any individual who signs the opt-out from will remain entitled to use all the procedures contained in the partnership and enjoy all the partnership rates and allowances.

When and individual employee signs the opt-out form the following will apply:

The opt-out agreement will apply indefinitely.

An employee is required to give 28 days’ written notice of termination of the opt-out agreement.

The employer will be required to maintain records for 2 years, which will identify the employee who has signed the opt-out.

Individual employees cannot be forced to sign the individual opt-out. Individuals who choose not to sign the opt-out cannot be subject to any detriment in their employment.

If an employer does not envisage any circumstance where the employee will work more than 48 hours over the 52-week reference period there is no requirement to have a formal agreement in place with an individual employee to exclude the maximum average of 48 hours.

An Individual opt-out form is attached to end of this appendix.

C2 Work Cycle.

C2.1 The employer will designate the Work/Field Break cycle at the start of their operation on each offshore installation and inform their employees of the arrangements to be adopted.

C2.2 The number of days on the offshore installation will vary according to operational requirements, and

may be more or less than 14 days’ work cycle. Employees will be advised accordingly prior to mobilisation.

C2.3 Any offshore requirement for extensions to the work cycle advised at mobilisation will be mutually

agreed with the employee(s) concerned. C2.4 The Field Break entitlement will accrue on the basis of one day for each night spent on the offshore

installation.

C3 Working Hours.

Variations to these provisions will apply to persons paid on an all-inclusive day rate/salary or variations thereof. C3.1 The normal working week for the purposes of Statutory Payments and Periods of Notice will be 40 hours

over five days of eight hours per day, Monday to Friday inclusive. For conditions applying to Guarantee Payment Provisions, refer to D1.4 (offshore) and D3.1.1 (onshore).

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C3.2 The normal working hours offshore will comprise a 10½ hour shift plus paid meals and tea breaks not exceeding a maximum of 1½ hour. This 1½ hours maximum includes the time required to go between the place of work and the messing facilities for meal breaks. The shift change time shall be determined by local circumstances. The 12 hours not covered by the day shift shall be the night shift.

C3.3 Scheduled working in excess of 10½ hours shall be avoided, so far as is practicable in relation to the

operational requirements applying on the offshore installation in accordance with the Health and Safety Executive, Offshore Safety Division, Safety Notice 4/96. However, employees must be required to work reasonable additional hours to cover essential work.

C3.4 Equal opportunity to work night shift will be given to all employees, so far as is reasonably practicable,

within the scheduling and planning of the work.

C4 Field Breaks and Holidays.

The term Field Break within this document will be deemed to mean the non-worked part of the cycle. C4.1 Holidays.

Holidays with pay were introduced through the Memorandum of Understanding (MOU) which was signed between the parties on 27 September 2007, of which the information pertaining to holidays is reproduced below.

Employees will be contracted to work offshore up to 182 days per year, including holidays as set out below:

With effect 168 days worked offshore (paid at standard rate – hourly rate) retrospectively 168 days field break (paid at field break rate – day rate) from 14 days holiday (paid at 12 hours at the standard rate per day) 1 April 2007. 15 clear days (paid at field break rate – day rate) 1 April 2008. 161 days worked offshore (paid at standard rate – hourly rate) 161 days field break (paid at field break rate – day rate) 21 days holiday (paid at 12 hours at the standard rate per day) 22 clear days (paid at field break rate – day rate) 1 October 2008. 154 days worked offshore (paid at standard rate – hourly rate) 154 days field break (paid at field break rate – day rate) 28 days holiday (paid at 12 hours at the standard rate per day) 29 clear days (paid at field break rate – day rate) Thus, in each year, 182 days are paid at standard rate, and 183 days at field break rate, although due to rotational working, it is in effect equal. C4.2 It is recommended that the annual holiday period should be 1st April to 31st March. C4.3 The time that annual holidays are taken should be mutually agreed between employer and

employee as far as possible to enable both parties to make the necessary arrangements. It is recognised that special care must be taken to ensure operational cover is maintained over the Christmas/New Year period between 25th December and 2nd January inclusive. Employers have the right to refuse requests for holiday during this period where operational cover may be compromised.

C4.4 An agreed system for application of holidays is recommended on each offshore installation.

C5 Holidays with Pay – Additional Provisions.

C5.1 Rate of Accrual. Where an employer operates a system of accrual for annual holidays it is recommended that this is at the rate of 1/365 of the full entitlement (in each holiday year) per calendar day in employment.

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Employees absent on authorised leave of absence for the reasons specified in Section 14 – Leave of Absence, or due to sickness will continue to accrue holiday entitlement.

C5.2 New Starters.

An employee who starts later than the beginning of the employers annual holiday period will be entitled to a proportion of the full holiday entitlement as set out in C.4.1 above, calculated as

A = (B ÷ 365) x No of days Annual entitlement.

Where A is the number of days of proportional holiday entitlement. Where B is the number of calendar days in employment in the employers holiday year. C5.3 Termination of Employment.

On termination of employment, an employee will be entitled to receive a payment for each day or fraction of a day of holiday entitlement not taken, calculated as;

C = (D ÷ 365) x B – E. Where: C is the number of days of holiday entitlement not taken.

D is the number of complete days of employment in the employers holiday year. B is the number of annual holidays in the employers holiday year. E is the number of days of annual holiday taken by the employee prior to termination of employment.

Where the employee has taken more days of annual holiday than his/her entitlement, the employee will be required, on termination of employment to repay the balance by means of deduction of the excess amount paid from final earnings.

C6 Accommodation Offshore.

The Offshore Installation’s Operator shall provide food and suitable quarters to the contractor’s employees offshore free of any charges.

C7 Pay Period.

All payments will be made weekly, or at such other periods as may be agreed, in arrears to a bank specified by the employee after the deduction of any prior cash advances.

C8 Travel & Accommodation Expenses. C8.1 Employees will be provided with an off-peak or, if travel during restricted times is unavoidable, a

standard anytime return rail fare or its equivalent between the employer's onshore base and the railway station nearest to their home or port of disembarkation in the United Kingdom. Rail fares will be increased in line with the Rail Regulators Fare increases in January each year, backdating where necessary. No travelling time will be paid for this journey in either direction.

C8.2 In the event of an employee having to spend a night at the onshore base due to circumstances beyond his control, or in the course of the journey between the base and the offshore installation, the company will provide reasonable accommodation.

C8.4 Employees attending training courses will be provided with accommodation, including breakfast and evening meal by the employer. Travelling expenses from home address to the course and return will be reimbursed at cost.

C9 Guaranteed Rest Periods. C9.1 Having regard to the operating requirements offshore, on completion of a 10½-hour shift an employee

is entitled a minimum of 8 hours break before commencing his next shift. If the 8 hours over runs into the next shift, they will be paid as if they had worked the complete shift, provided they are available for, and willing to work.

C9.2 The over-riding principle of this section is that as far as is practicable within all the operating requirements, including helicopter travel, employees will have 8 hours break between ceasing one shift

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and commencing another. If the operating requirements make the achievement of the 8 hour break unobtainable over a lengthy period, special arrangements will be agreed.

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WORKING TIME REGULATIONS

INDIVIDUAL OPT-OUT Agreement to Opt Out of Regulation 4(1) of the Working Time Regulations 1998 about the Maximum Weekly Working Time, in accordance with the Offshore Contractors Partnership Agreement with the Trade Union Appendix C clause C1: I_______________________________________________of______________________________________

agree with [Insert Member Company Name and Address]

that the maximum weekly working time limit in regulation 4(1) of the Working Time Regulations 1998 shall not

apply to me and that my average working time may therefore exceed 48 hours for each seven-day period (as

defined by and calculated in accordance with the Working Time Regulations 1998 as amended by the Working

Time Regulations 1999 and the Terms and Conditions of Employment The Working Time (Amended)

Regulations 2003).

I agree to comply with any reasonable requirement by my employer, which relates to the maintenance of records in accordance with the Working Time Regulations 1998 as amended in 1999 and 2003.

This agreement shall apply from ____________________________ and shall continue until terminated by either party giving 28 days’ notice in writing to the other. This agreement has immediate effect and will continue until it is terminated in accordance with paragraph 3.

Signed Name: __________________________________ Date: ________________

Signed Name: __________________________________ Date: ________________

For and on behalf of [Insert Member Company Name]

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APPENDIX D

REMUNERATION This Section defines the standard OCA Model of remuneration based on Hourly Rates. It is recognised that a variety of payment structures exist within OCA Member Companies and across different projects and clients, including day rates and salaried terms. The introduction of this agreement will not lead to any reduction in remuneration to existing employees employed on other terms and conditions at the date of implementation of this agreement. Members of the Offshore Contractors’ Association may opt, through agreement by consultation, to put in place other remuneration terms and conditions for employees covered by this agreement. Whatever remuneration structure is applicable, each element will be of no lesser value than those contained in this Appendix D. Whilst future reviews of rates and other aspects covered by this Agreement shall be based on the Hourly structure, it will be for individual member companies, in any discussions with their employees and/or the Signatory Trade Unions to demonstrate at least continuing parity with these terms, be they based on a day rate or salaried structure. The Trade Unions, on behalf of their members, guarantee their commitment and understanding that any future improvements on these basic terms must be underpinned by productivity gains and recognition of the cost improvement needs of the industry. Rates of pay for apprentices and trainees covered by other approved national schemes shall be excluded from this agreement.

D1 Standard Time.

D1.1 Standard Time rates of pay include all overtime and established conditions normally associated with offshore construction work, but exclude night shift allowances. Subject to the implementation of and full compliance with the Safety and Productivity provisions of this Agreement, the Standard Time Rate applies under the following circumstances, D1.1.1 All travel time incurred from the designated Check-In time between the employer’s onshore

base and the offshore installation and vice versa. D1.1.2 All time incurred through operational delays either at the onshore base or between the

onshore base and the offshore installation. Such payments will be limited to a maximum of 12 hours in any consecutive 24-hour period, including Saturdays and Sundays, provided that the employee has reported to the employer’s onshore base by the designated Check-In time and holds themself available for work. All delayed departure days will qualify for Field Break accrual.

D1.1.3 All time worked on the offshore installation and recorded on approved timesheets. D1.2 Payment for Sickness on Installation. The Standard Time Rate shall be payable for up to a maximum of 12 hours/1 day for certified sickness on the offshore installation. This payment will qualify for Field Break. Payment will cease on being transported off the offshore installation and will re-commence when the employee returns to work. As referenced in 13.1 D1.3 Bereavement Leave Provisions. D1.3.1 Paid Bereavement Leave will be given as per section 14.2. Bereavement leave will only be

paid for the days lost that otherwise would have been worked. D1.3.2 For each day of bereavement leave granted, 12-hours/1 day at the Standard Time Rate will

be paid. This payment will qualify for Field Break accrual.

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D1.4 Guaranteed Payment Provisions – Offshore. Variations to these provisions will apply to persons paid on an all-inclusive day rate/salary or variations thereof: D1.4.1 In the event of employees being stood down for operational reasons prior to the completion

of the designated work cycle, (refer section C2.2) they should be paid as follows:- D1.4.1.1 On the day of down manning the employee should be paid 12 hours at Standard

Time. D1.4.1.2 The remainder of the designated Offshore Work Cycle should be paid at

Standard Time. This payment should qualify for the recommended credited Field Break Payment.

D2 Charge hand Supplement.

An additional supplement will be paid to Charge hands for all hours worked, irrespective of their basic category. D3 Other Paid Hours. D3.1 Guaranteed Payment Provisions – Onshore. Variations to these provisions will apply to persons paid on an all- inclusive day rate/salary or variations thereof:

D3.1.1 Should an employee continue to be held at home due to a delay in commencing the next work cycle for operational reasons, the Guaranteed Payments Provisions – Stand Down Onshore should apply. This payment should qualify for the recommended credited Field Break Rate where there is a shortfall in the number of days accrued in the next work cycle.

D3.1.2 Should an employee continue to be held at home after completion of the original work cycle, the Guaranteed Payment Provisions - Stand down Onshore should apply until such time as a decision is made on the continued employment of the employee.

D3.1.3 Employees who have been continuously employed for not less than four weeks will be guaranteed employment for seven days in each normal pay week (Sunday to Saturday). In the event of work not being available for the whole or part of the seven days, employees covered by the guarantee will be paid 8 hours per day at the Other Paid Hours Rate. This payment does not qualify for Field Break accrual.

D3.1.4 In the event of an employee being held at home pending instructions, the provisions of Section D3.1.3 above shall apply.

D3.1.5 To qualify for payment under this section an employee stood down onshore must be available to report to the employer’s onshore base within 24 hours of the notice to mobilise being issued.

D3.2 Guaranteed Payment - Qualifying Criteria.

D3.2.1 In the event of dislocation of work as a result of an industrial dispute, the operation of the guarantee will be automatically suspended. In such circumstances, employees may be taken off the offshore installation at the employer’s discretion.

D3.2.2 In the event of a contingency arising outside the control of the employer which makes it impracticable to continue to work on the offshore installation, a new work cycle shall not start and the guaranteed week arrangements shall apply, provided that in such circumstances the guarantee shall be limited to not more than two weeks after which the employer shall have the right to lay off employees.

D3.3 Guaranteed Payment – Examples of Application In order to standardise interpretation, examples of the application of guaranteed payments in typical delay and standby situations are set out in Appendix D21. D4 Safety and Training Courses. D4.1 Any time associated with approved Safety and Training that takes place on the offshore installation and

recorded on approved timesheets will be paid at the Standard Time Rate.

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D4.2 Employees who undertake Safety and Training courses onshore during their offshore work cycle will be paid a maximum of 12 hours per day at the Standard Time Rate. This payment qualifies for Field Break accrual.

D4.3 Employees who undertake Safety and Training courses while on Field Break will be paid 8 hours per

day at the Standard Time Rate. A payment, the equivalent of one days Field Break will be paid for every 8 hour day of training.

D4.4 Where no employer’s transport is provided between accommodation and course location, actual public

transport travelling expenses incurred will be reimbursed.

D5 Field Break.

A sum to be credited to each employee for each full day worked offshore, or stood down offshore, after the employee has checked in at the onshore base to travel to the offshore installation. (Allowance will be made in all inclusive day rates/salaries to cover leave time). The term “clear day” is introduced to demonstrate the amount of working and non- working time. The introduction of clear days is as a result of changing the working schedule.

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D6 Nightshift Allowance. An allowance paid for each full 12-hour night shift completed. (Allowance may be made in all inclusive day rates/salaries to cover night shift working where this is expected to be a regular occurrence)

D7 Part Nightshift Allowance.

D7.1 A supplementary allowance for working a part night shift, excluding meal breaks.

D7.2 Where day shift employees work into a night shift, they shall be entitled to the night shift allowance for such hours of night shift they work. Similarly, night shift employees who work into the day shift shall continue to receive the part night shift allowance. (Allowance may be made in all inclusive day rates/salaries to cover working additional hours where this is expected to be a regular occurrence)

D8 Christmas / New Year Allowance.

A daily allowance to compensate an employee who has reported to his onshore base and is available for or has started his journey to or from an offshore installation, or who is working on an offshore installation from Christmas Day to the day following New Year’s Day inclusive.

D9 Temporary Accommodation Offshore - Scale 1.

A nightly allowance to compensate an employee who cannot return to his normal accommodation location offshore and has to be temporarily accommodated in a Cabin on another installation.

D10 Temporary Accommodation Offshore - Scale 2.

A nightly allowance to compensate an employee having to spend a night on an offshore installation in temporary sleeping quarters, e.g. sleeping bags on camp beds. Note: Under no circumstances will an employee be entitled to payment under both D9 & D10 for the same 24-hour period. D11 Onshore Accommodation Allowance.

The maximum allowance paid towards the receipted cost of any overnight hotel expenses incurred in the event of an employee having to spend a night at the onshore base for operational reasons preventing the journey between the base and the offshore installation taking place, or vice versa, and the employer has been unable to provide reasonable accommodation for the employee.

D12 Onshore Lunch Allowance.

D12.1 An allowance to cover the cost of a midday meal in the event of either a delay in transit between the employer’s onshore base and offshore facility for four or more hours.

D12.2 An allowance to cover the cost of a midday meal when an employee is attending an authorised training

course and where no meal is provided.

D13 Onshore Evening Meal Allowance.

An allowance to cover the cost of an evening meal in the event of an employee being delayed in transit between the employer’s onshore base and offshore facility for four or more hours, and where no meal is provided.

D14 Welder Qualification Supplement 1.

An hourly rate supplement applicable to welders and qualified by test in electric arc or gas welding to API/ASME code or Lloyds Class 1 standard in respect of the first test passed, regardless of the type of welding, electrode or filler rod used.

D15 Welder Qualification Supplement 2.

An hourly rate supplement applicable to welders who are qualified by test or tests in the following groups of metals as defined in ASME IX, QW422 P3 to P11 Alloy Steels, including stainless and nickel alloy steels.

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D16 Welder Qualification Supplement 3.

An hourly rate supplement applicable to welders who are qualified by test or tests in the following groups of metals as defined by ASME IX, QW422 P31 to P35 copper and copper based alloys.

D17 Welder Qualification Supplement 4 – Maximum.

D17.1 The maximum payment under any combination of tests passed under sections D14, D15 & D16 above.

D17.2 Additional proficiency payments will only be made when the additional test passed is called for by the

nature of the contract with the employer’s client. D17.3 No other proficiency payments shall be made.

D18 Industrial Rope Access Operatives.

Additional proficiency payment will be made to Rope Access Operatives who: D18.1 Are qualified and independently certified to IRATA Rope Operatives requirement. D18.2 Hold a Health and Safety Executive recognised First Aid Certificate. D18.3 Are medically approved for Rope Access activities. D18.4 Payment made for all hours spent engaged in the physical activity of rope access.

D19 Delay Payment

If Operatives are delayed on the day of departure from the offshore installation for six hours or more due to their flight not being able to depart on scheduled departure time, Operatives will be entitled to a Delay Payment as stated in Appendix D20 for that day and any subsequent days.

This payment is only applicable if the Operatives return to productive work until time of actual

departure from the offshore installation.

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D20 Rates of Pay – Hourly Employees

Item

Category

Unit

A Technician

B Skilled

C Semi-skilled

D Unskilled

E1 Trainee Stage 1

E2 Trainee Stage 2

E3 Trainee Stage 3

D1 Standard Time Hour £20.76 £19.31 £18.34 £12.87 £15.45 £13.52 £11.59

D2 Charge hand Hour £1.85 £1.85 £ 1.85 £1.85 N/A N/A N/A

D3 Other Paid Hours Hour £10.38 £9.65 £9.17 £6.44 £7.72 £6.76 £5.79

D5 Field Break Day £24.46 £22.75 £21.61 £15.17 £18.20 £15.93 £13.65

D6 Nightshift Allowance Shift £26.50 £26.50 £26.50 £26.50 £26.50 £26.50 £26.50

D7 Part Nightshift Hour £2.52 £2.52 £2.52 £2.52 £2.52 £2.52 £2.52

D8 Christmas/New Year Day £70.00 £70.00 £70.00 £70.00 £70.00 £70.00 £70.00

D9 Temporary Accommodation - Scale 1 Night £15.00 £15.00 £15.00 £15.00 £15.00 £15.00 £15.00

D10 Temporary Accommodation - Scale 2 Night £30.00 £30.00 £30.00 £30.00 £30.00 £30.00 £30.00

D11 Onshore Accommodation Allowance Night £75.00 £75.00 £75.00 £75.00 £75.00 £75.00 £75.00

D12 Onshore Lunch Allowance Day £9.50 £9.50 £9.50 £9.50 £9.50 £9.50 £9.50

D13 Onshore Evening Meal Allowance Day £20.00 £20.00 £20.00 £20.00 £20.00 £20.00 £20.00

D14 Welder Qualification - Supplement 1 Hour £0.17 £0.17 £0.17 £0.17 £0.17 £0.17 £0.17

D15 Welder Qualification - Supplement 2 Hour £0.17 £0.17 £0.17 £0.17 £0.17 £0.17 £0.17

D16 Welder Qualification - Supplement 3 Hour £0.17 £0.17 £0.17 £0.17 £0.17 £0.17 £0.17

D17 Welder Qualification - Supplement 4 Maximum Hour £0.51 £0.51 £0.51 £0.51 £0.51 £0.51 £0.51

D18 Industrial Rope Access Proficiency Hour £2.00 £2.00 £2.00 £2.00 £2.00 £2.00 £2.00

D19 Delay Payment Day £75.00 £75.00 £75.00 £75.00 £75.00 £75.00 £75.00

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D21 Standby and Delay Payments Matrix

Variations to these provisions will apply to persons paid on an all-inclusive day rate/salary or variations thereof. The Matrix was implemented in October 2013 following adoption of the joint working party recommendations from 2013 Settlement.

Stand-by and Delay Payments Matrix D1 D3 D5

Pre-Mob

1 Training / Mobilisation delayed. Employee has been given a date to commence employment or instructions to report for training or first trip. Delay is notified before the employee has left home.

8 hours at D3 for each day from recruitment till mobilisation or made

redundant. (Refer 9.2.4.1) D3.1.3

N/A as paid each day

2 Told to stay at Home - Regular Assigned Rotations Employee is on a second or subsequent trip. Employer informs employee that mobilisation is delayed or cancelled for operational reasons.

8 hours at D3 for each day from end of field break until mobilisation or duration of

advised trip. Follows Trip Rotation. D3.1.1

Accrues 1 days' field break for each full day

of standby paid

3 Told to stay at Home - Not Assigned to Regular Rotations Employee is on a second or subsequent trip. Employer informs Employee that mobilisation is delayed or cancelled for operational reasons.

8 hours at D3 for each day from recruitment till mobilisation or made

redundant. D3.1.3

N/A as paid each day

Mob 4 Checked in and delayed Mobilisation Employee has reported to Employers designated point of mobilisation for transport to installation. Transport is delayed.

12 hours at D1 for each day until mobilised or duration of

advised trip. D1.1.2

Accrues 1 days' field

break for each full day of standby paid

5 Sent back to Hotel Delay is expected to last beyond one day, expect to transport the following or subsequent day.

12 hours at D1 for each day until mobilised or duration of

advised trip. D1.1.2

Accrues 1 days' field

break for each full day of standby paid

6

Sent Home prior to checking in after travelling to Employers' designated point of mobilisation for transport to Installation. Delay is of sufficient duration to justify instructing employee to return to home and await instructions.

8 hours at D3 for each day from end of field break until mobilisation or duration of

advised trip. D3.1.1

Accrues 1 days' field break for each full day

of standby paid

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7 Sent Home after checking in for transport to Installation Delay is of sufficient duration to justify instructing employee to return to home and await instructions.

12 hours at D1 for each day until mobilised or duration of

advised trip D1.1.2

Accrues 1 days' field break for each full day

of standby paid

De-Mob

8 De -Mob Early Employee has mobilised to installation. Trip is shortened for operational reasons and employee is returned onshore prior to advised completion date of trip

12 hours at D1 for each day until mobilised or duration of

advised trip. D1.4.1

Accrues 1 days' field break for each full day

of standby paid

9

De-Mob Late (held on platform) Employee has completed work cycle, but transport to beach is delayed. Where practicable, employee is instructed to return to work. See also D19 – Delay Payment.

D1 for all working hours on installation plus travelling time

D1.4.1

Accrues 1 days field break for each full day

on installation

10

Delayed Pending Instructions - Regular assigned rotation Employee has completed work cycle and returned to home. Commencement of next trip is delayed for operational reasons and employee is instructed to remain at home pending instructions.

8 hours at D3 for each day until

mobilisation or duration of advised trip and subsequent trips. D3.1.1

Accrues 1 days' field break for each full day

of standby paid

11

No Work - End of Contract Employee has completed work cycle and returned to home. Project is declared complete and employee is instructed to await re-assignment following completion of assignment.

8 hours at D3 for each day from end of field break until mobilisation or made

redundant. D3.1.3 N/A as paid each day

Re-Mob

12

Same Rota and checked in Employee is advised to return to installation following delayed re-mobilisation. Rota is unchanged i.e. demobilisation date is as if the trip had started on the scheduled date.

12 hours at D1 for each day until mobilised or duration of

advised trip. D1.1.2

Accrues 1 days' field

break for each full day of standby paid

13 Change Rota Employee is advised to return to installation following delayed re-mobilisation. Date of mobilisation is first day of a new 14 day rota.

8 hours at D3 for each day from end of

field break until mobilisation. D3.1.3

N/A as paid each day

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APPENDIX E SICKNESS, ACCIDENT AND LIFE ASSURANCE

Weekly Sickness and Accident Benefits:-

Weekly sickness and accident benefit payable for absence from work due to sickness or injury. These payments are in addition to SSP at the current rate set annually by government (excluding the first 3 days of absence from work, SSP 8 weeks linking rule applies). Refer Appendix E1 for Rules and Guidance for the Company Sick Pay Scheme.

Weeks 1-13 £177.98 per week

Weeks 14 – 28 £462.75 per week

(Maximum 28 weeks)

Life Assurance Benefits:-

Death Due To Illness £30,000

Accidental Death Accidental Death due to Onshore Non-Occupational Accident

£34,000

OR Accidental Death due to Onshore Occupational or Site Accident £38,000

OR Accidental Death due to Offshore Accident (including Helicopter flights to and from offshore installation and whilst travelling to and from home to onshore base).

£60,000

Accident NOT resulting in Death Permanent Disablement Benefit per a scale of benefits up to a maximum in all for one accident of

£20,000

Loss of limb and/or Loss of eye £10,000

Upper Limbs Left Right

Loss by amputation of one thumb £2,000 £2,000

Loss by amputation of one forefinger £950 £1,250

Loss by amputation of any other finger £450 £750

Lower Limbs Left Right

Loss by amputation of big toe £1,000 £1,000

Loss by amputation of any other toe £500 £500

If the injured person is left handed, the payment set out above for the various disabilities of the right upper limb and left upper limb shall be transposed.

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E1 Rules and Guidance for Company Sick Pay (CSP) Scheme

E1.1 Company Sick Pay to be paid at: Short Term Rate per week for weeks 1 – 13. Long Term Rate per week for weeks 14 -28. No payment from week 29 onwards. This timeline aligns SSP and CSP payments.

E1.2 Waiting days for SSP remain at 3 days as per government scheme. Statutory Sick Pay (SSP) is payable for 28 weeks, 8 week linking rule will apply.

E1.3 No waiting days for CSP as per current scheme.

E1.4 Company Sick Pay is payable for 28 weeks in any rolling 52 weeks period. This can be made up of a consecutive 28 weeks or cumulative 28 weeks in any 52 week rolling period.

E1.5 Company Sick Pay will reset once an Employee has exhausted 28 weeks and has been back at work for 24 weeks.

E1.6 Each member Company’s Absence Policies must be adhered to. E1.7 All sickness to be certified by either self-certification for first 7 days, or covered by a Fit Note

(Doctors Line). This should cover the full period of absence.

E1.8 All documentation required by member Company must be provided to ensure payments are processed in a timely manner – in line with each member Company’s Absence policy.

E1.9 Each member Company will advise employees prior to the point of when SSP and CSP is due to exhaust. E1.10 Employees are required to co-operate with request for Company sponsored health assessments by

Occupational Health. E1.11 Due to the nature of offshore work and in line with Oil and Gas UK guidelines – employees are required

to attend a Fit to Return assessment provided by Occupational Health prior to return to offshore . E1.12 SSP and CSP will continue to be payable until Fit to return assessment is completed by Occupational

Health (providing entitlement has not been exhausted). E1.13 Doctors certificate must be provided to cover all absence over first 7 days – required for payment of SSP. E1.14 Any Employee found to be abusing the Sick Pay scheme may be subject to disciplinary investigation,

which may lead to disciplinary action in line with each member Company’s Disciplinary policy.

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APPENDIX F DISCIPLINARY AND GRIEVANCE PROCEDURES

F1 Grievance Procedure.

The object of this procedure is to provide a means of resolving all claims and disputes that may arise under the agreement in a prompt and orderly manner. In the event of a dispute there will be no stoppage of or interference with work until all steps under the procedure that have been utilised All member companies will ensure the provision of a Grievance Procedure, which complies with at least the minimum standards that are set out in the ACAS Code of Practice, the framework of which is provided below. The procedure will provide for a second stage or a final level of appeal being at an appropriate level within the Company. There shall be no further right of appeal. An employee has the right to be accompanied at a grievance hearing by either an official of an independent trade union (as defined in the legislation) or alternatively a fellow worker. For these purposes, a grievance hearing must concern the performance of a legal duty by an employer in relation to an employee. It is not sufficient for these purposes for the employee to simply assert that the matter relates to a legal duty owed by the employer. Most routine complaints and grievances are best resolved informally in discussion with the employee’s immediate line manager. Where the grievance cannot be resolved informally it should be dealt with under the formal grievance procedure. Each OCA member company will have its own procedure but the minimum framework will include the following: The stages below are compliant with the ACAS Code of Practice.

F1.1 First Stage.

Employees should put their grievance, in writing, to their immediate line manager. Where the grievance is against the line manager as referred to in Section 7 (e.g. Bullying / Harassment) the matter should be raised with a more senior manager. If the grievance is contested, the manager should invite the employee to attend a hearing in order to discuss the grievance and should, where appropriate, inform the employee of his or her statutory right to be accompanied. The manager should respond in writing to the grievance within a specified time (e.g. within five working days of the hearing or, where no hearing has taken place, within five working days of receiving written notice of the grievance).

F1.2 Second Stage/Appeal. If the matter is not resolved at Stage 1 the employee should be permitted to raise the matter in writing with a more senior manager. The manager should arrange to hear the grievance within a specified period (e.g., five working days) and should where appropriate inform the employee of the statutory right to be accompanied. Following the hearing the manager should, where possible, respond to the grievance in writing within a specified period (e.g. ten working days). If it is not possible to respond within the specified time period the employee should be given an explanation for the delay and told when a response can be expected. After Stage 2 there shall be no further right of appeal (unless the member company procedures provides for further stages) and the decision of the manager hearing the grievance at Stage 2 will be binding on the employee. Matters of interpretation concerning the Partnership Agreement may be referred to signatory Trade Union Full Time Officials through the Disputes Resolution Procedure.

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F2 Disciplinary Procedure.

F2.1 Statement of Intent. All OCA Member Companies will aim to ensure there is a fair and systematic approach to the enforcement of standards of conduct of employees within their respective organisations. The disciplinary procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, including attendance and job performance. Employees who are held at the onshore base as a result of late arrival for check-in for reasons within their control will be subject to disciplinary action.

All OCA Member Companies will ensure the provision of a Company Disciplinary Procedure, which complies with at least the minimum standards as set out in the ACAS Code of Practice, the framework of which is detailed below. The procedure will provide for appeals, with the final level of appeal being at the appropriate level within the Company. It is recognised that the detail of each member’s Disciplinary Procedure will vary according to the requirements of each organisation. Issues of poor performance or minor disciplinary matters may be considered in the first instance as requiring counselling which is separate from the formal disciplinary procedure.

F2.2 Trade Union Officials.

Although normal disciplinary standards do apply to their conduct as employees, disciplinary action against a Trade Union official can be misconstrued. Employers should seek to engage in early discussion with a full-time official where any potential disciplinary issue may arise. All employees subject to the disciplinary procedure are entitled to be accompanied by a fellow worker or a Trade Union official. No disciplinary action will be taken against an employee without a thorough investigation and a hearing where the employee will have the opportunity to give an explanation and to comment on the matters in question. Where the facts of a case appear to call for formal disciplinary action, a formal procedure should be followed. Depending on the outcome of the procedure, some form of disciplinary action may be taken as follows:

F2.3 First Warning: Verbal. In the case of minor infringements the employee should be given a formal verbal warning. The employee should be advised of the reason for the warning, that it constitutes the first step of the disciplinary procedure and of their right of appeal. A note of the oral warning should be kept on file but should be disregarded for disciplinary purposes after a specified period, which is normally 6 months.

F2.4 First Warning: Written. If the infringement is more serious the employee should be given a formal written warning giving details of the complaint, the improvement or change in behaviour required, the timescale allowed for this and the right of appeal. The warning should also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A copy of the written warning should be kept on file but should be disregarded for disciplinary purposes after a specified period, which is normally 9 months.

F2.5 Final Written Warning.

Where there is a failure to improve or change of behaviour during the currency of a prior warning, or where the infringement is sufficiently serious, the employee should normally be given a final written warning. This should give details of the complaint, warn the employee that failure to improve or modify behaviour may lead to dismissal or to some other action short of

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dismissal and refer to the right of appeal. The final written warning should normally be disregarded for disciplinary purposes after a specified period, which is normally 12 months.

F2.6 Dismissal or other sanction.

If the employees’ conduct or performance still fails to improve, the final step may be disciplinary transfer, disciplinary suspension without pay, demotion, loss of seniority, loss of increment (provided these penalties are allowed for in the particular procedure) or dismissal. The decision to dismiss should be taken only by the appropriate designated manager and the employee should be informed as soon as reasonably practicable of the reasons for the dismissal, the date on which the contract between the parties will terminate, the appropriate period of notice (or pay in lieu of notice) and information on the right of appeal including how to make the appeal and to whom. The decision to dismiss should be confirmed in writing.

F2.7 Appeals.

The opportunity to appeal against a disciplinary decision is essential to natural justice. Employees may choose to raise appeals on a number of grounds, which could include the perceived unfairness of the judgement, the severity of the penalty, new evidence coming to light or procedural irregularities. The time limit for an appeal should normally be within 5 working days, however, due regard should be given to the requirements of offshore working

An appropriate senior manager, who has not previously been involved with the case, will hear the appeal. The employee should be informed of the results of the appeal and the reasons for the decision as soon as possible and this should be confirmed in writing. There shall be no further right of appeal beyond the procedures set out in each OCA Member’s respective procedure. The decision of the individual OCA Member Company in respect of any appeal shall be final.

F3 Dispute Resolution Procedure.

This section applies only to collective disputes (as defined below) that may arise between OCA Partnership Member Companies and the recognised OCA Partnership Trade Unions (referred to as “the Trade Unions”).

F3.1 This procedure can be utilised by the OCA Member Companies or Trade Union where there

is:-

A collective dispute or:

A matter of interpretation.

which relates to the Partnership Agreement or part of said Agreement.

This procedure can only be invoked by the Signatory Full Time Trade Union Official or the OCA Member Companies.

This procedure excludes disciplinary matters.

Both the OCA Member Companies and the Trade Unions accept and recognise the following basic principles as being essential for the effective and satisfactory operation of this procedure.

Issues should be resolved, wherever possible, at the appropriate level of management within the OCA Member Companies and as close as possible to the source of the dispute.

As far as possible, disputes should be settled within the OCA Member Companies without reference to any external person or body.

All disputes should be dealt with and settled within reasonable timescales.

All matters raised through this procedure must be capable of being supported by substantive evidence.

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F3.2 Time Limits.

In furtherance of the principle to resolve issues as quickly as possible, it is agreed that any issue that becomes the subject of this procedure should be resolved within 6 weeks of the date that an application for referral to the Final Stage is received.

However, the stipulated time limit in this procedure may be extended at the request of either party and by mutual agreement in appropriate circumstances. For example, the non-availability of appropriate personnel able to deal with the issue or difficulty in establishing facts or obtaining information associated with the issue.

F3.3 Normal Working During Dispute Resolution.

The parties agree there will be no departure from normal industrial relations, or working under these conditions of employment or stoppage of work or any other industrial action whilst the procedure is in use and the status quo, (i.e. whatever conditions, practices or agreements on working and management arrangements that applied prior to the dispute) will be maintained until agreement is reached at any stage in the procedure or it is exhausted.

F3.4 The Procedure. F3.4.1 Stage 1 - Local Level. If an issue is raised in terms of this procedure, the local full time officer of the Trade Union should seek a meeting with the appropriate manager of the Member Company to endeavour to resolve the issue as quickly as possible. In the event of agreement not being reached once all local procedures have been exhausted, failure to agree should be registered. Either party may make an application for the dispute to be referred for settlement to the appropriate Trade Union National Official and to the Offshore Contractors’ Association.

F3.4.2 Final Stage - National Level. If no agreement is reached at the conclusion of local negotiations, the Member Company or the Local Official may make application for a meeting to be arranged between Senior Management of the Member Company and the National Official(s) of the Trade Union(s). The Local Official(s) and a representative of the Offshore Contractors’ Association will also attend the Final Stage Meeting. The meeting will be arranged at a convenient location for all parties, (normally at the offices of the Member Company) at the earliest practicable date. All parties to the Final Stage are obliged to work towards a settlement of the issue. The settlement should seek to recommend ways in which the dispute could be avoided in the future. Once agreement has been reached at this stage, the decision will be communicated and implemented (where appropriate) as soon as possible.

F4. Exhaustion of Procedure

No strike or other form of industrial action or implementation of changes to terms or conditions shall take place until formal declaration of exhaustion of this procedure has been confirmed in writing by the Joint Secretaries.

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APPENDIX G

PERSONNEL

G1 CATEGORIES AND DISCIPLINE OF PERSONNEL

The following list includes but does not limit the categories and disciplines of personnel employed by member companies under this agreement: G1.1 Category A - Technicians

Instrument Electrical

Mechanical Production

Metering NDT

Radiological Protection Supervisor HVAC

Heat Treatment Fire & Gas

Process Communication

Laboratory Marine Cargo Operatives

Marine Plant Operatives Materials Controller

G1.2 Category B – Skilled Craftsperson

Instrument Pipe Fitter Pipe Fitter

Mechanical Fitter Welder

Plater Rigger

Electrician Scaffolder

Sheet Metal Worker Insulator

Joiner Helideck Landing Officer

Crane Operator Senior Administrator

Senior Storeman Deck Foreman

Crane Mechanic/Operator Crane Operator/Helideck Landing Officer

G1.3 Category C – Semi Skilled

Painter/Blaster Asbestos Remover

LSA Operative Deck Screeder

Chemical Cleaning Operative High Pressure Jetting Operative Fireproofer Helideck Attendant

Industrial Cleaner Data Communications Officer

Storeman Administrator

Deck Operator Cold Cutting Operator

Radio Operator

G1.4 Category D – Unskilled General Labourer Firewatcher

Bridge Controller General Assistant

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Leg Sentry

G1.5 Category E – Adult Trainees (Excluding ECITB Trainees)

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APPENDIX H

MEMBER COMPANIES

H1 Members Aker Offshore Partner Ltd AMEC Bilfinger Salamis UK Ltd Cape plc Hertel Technical Services Müehlhan Surface Protection Ltd Petrofac Facilities Management Sparrows Offshore Services Ltd Stork Technical Services Wood Group PSN

H2 Associates ABB Engineering Services Ltd Aberdeen Fluid System Technologies Ltd Abermed Ltd Adept Knowledge Management Advanced Insulations Systems Ltd Aiken Group Ltd Applus RTD UK Ltd Balfour Beatty Engineering Services Ltd Bibby Offshore Ltd Bluewater Services International Ltd Bureau Veritas UK Ltd CDS Oil & Gas Services Ltd Cegelec Oil & Gas UK Denholm Macnamee Ltd

Chubb Fire & Security Ltd Doosan Babcock

Dron & Dickson Ltd E M & I (UK) Ltd Ethos Environmental Expro North Sea Ltd Fabricom Offshore Services Global Project (Services) Ltd Global resource Management Harsco Infrastructure Services Ltd HB Rentals Ltd Honeywell Analytics Ltd ICR integrity Ltd John Crane Asset Management Solutions Kaefer International Marine & Offshore Kaefer C & D Ltd Kentz Ireland Ltd Kudos IFS Labtech Services Ltd MAN Diesel & Turbo UK Ltd McDonald Scaffolding Services Ltd Mercer Ltd Metco Services Ltd Monitor Management Control Systems Ltd Motherwell Bridge Ltd Muir Matheson Ltd Navitas International Solutions Ltd NT Rix Scaffolding

Norisol Norge AS OIE Services Ltd

OGN Group Oleochem Project Management Ltd Pyeroy Group Ltd S & D Fabricators Ltd Scotgrip (UK) Ltd Scottish Enterprise SGS United Kingdom Ltd SKN Electrical Services Ltd Sonomatic Ltd SPIE WHS Ltd Sulzer Wood Ltd Sureclean Ltd Teekay Petrojarl Production AS IRISNDT Ltd Tyco Fire & Integrated Solutions Ltd Wind Power IRM Ltd Wipro UK Ltd Wood Group HR

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APPENDIX J

SUPPLEMENTARY PROJECT AGREEMENTS Supplementary Project Agreements. In the event that a Member Company proposes to introduce enhanced terms and conditions, altered working patterns for a particular project or to deal with exceptional circumstances, agreement by consultation must take place prior to implementation. Agreement will cover but will not necessarily be limited to; Nature and scope of works to be performed. Commencement and duration of works and enhanced terms. Method of calculating and monitoring any enhanced payments. Workforce communications. Site or Project specific safety precautions or regulations. A written record of the agreement will be submitted to the Joint Secretaries. Such record will identify all the particulars of the SPA in accordance with the OCPA. Any question of interpretation or alleged non-compliance of an agreed SPA will be referred to the Procedure for Avoidance of Disputes. Any supplementary payment or arrangement is always to be shown separately from standard terms and does not form or become part of the standard terms of OCPA.

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APPENDIX K

PARTIES TO THE OFFSHORE CONTRACTORS PARTNERSHIP AGREEMENT

Original Document Signed By:-

Sir Ken Jackson, General Secretary, Amalgamated Engineering and Electrical Union

John Edmonds, General Secretary, General Municipal Boilermaker Union

William Edgar, Chairman, Offshore Contractors Association

18 April 2000

—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

AGREEMENT AMENDED 28 May 2004

Signed By:-

Mr Alan Harvey, National Officer AMICUS

Mr Keith Hazlewood, National Secretary (Engineering) GMB

Mr Bill Murray, Chief Executive, Offshore Contractors Association

—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

AGREEMENT AMENDED 16 May 2006

Signed By:-

Mr Alan Harvey, National Officer AMICUS

Mr Keith Hazlewood, National Secretary (Engineering) GMB

Mr Bill Murray, Chief Executive, Offshore Contractors Association

—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

AGREEMENT AMENDED 27 July 2011

Signed By:-

Ms Linda McCulloch, National Officer UNITE

Mr Keith Hazlewood, National Secretary (Engineering) GMB

Mr Bill Murray, Chief Executive, Offshore Contractors Association

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—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

AGREEMENT AMENDED 15th May 2012

Signed By:-

Ms Linda McCulloch, National Officer UNITE

Mr Keith Hazlewood, National Secretary (Engineering) GMB

Mr Bill Murray, Chief Executive, Offshore Contractors Association

—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

AGREEMENT AMENDED……………………………………………………………2014

Signed By:-

Ms Linda McCulloch, National Officer UNITE

Mr David Hulse, National Officer (Manufacturing) GMB

Mr Bill Murray, Chief Executive, Offshore Contractors Association

—–o—–o—–o—–o—–o—–o—-o—–o—–o—–o—–o—–o—–o—–o—–

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NOTES

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NOTES

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NOTES