Fair Work Decision – Time Off In Lieu

Fair Work Decision – Time Off In Lieu

The Fair Work Commission decision on proposed amendments to time off in lieu (TOIL) of payment of overtime and make-up time was announced today as part of its four yearly review of modern rewards.
The Full Bench decided to add a “provisional model TOIL paragraph” into 113 modern awards presently without a TOIL provision.

This means that TOIL may be calculated at the ordinary time rate except for in awards where it is calculated at a time for penalty rate. These changes were excluded from the following:

  • Building and Construction General On-Site Award 2010
  • Joinery and Building Trades Award 2010
  • Seagoing Industry Award 2010

Any applications for the addition of a TOIL provision to these awards “will be dealt with during the award phase of the Review”, the Full Bench announced.

Further submissions for these proposals, whether on the provisional model term or the view that model awards which provide for overtime should be amended to include the model term, can be made from now until 28 August.

A full hearing will later be held on 4 September.

Michael O'Shaughnessy

Michael is a specialist in all things HR. With vast HR experience in the USA and Australia, Michael brings a wealth of knowledge and advice to HR Central. When he's not blogging for HR Central you can find him out for dinner in one of Melbourne's newest restaurants.

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