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Changes to the Horticulture Award.

Modern AwardsDecember 4, 2017

Changes to the Horticulture Award. (Last Updated On: December 6, 2017)

There is an important update for employers with staff covered by the Horticulture Award 2010, with changes being in effect from the start of the first full pay period starting on or after 27 November 2017. The change is a new term relating to the taking of time off in lieu of overtime (TOIL).

What are the changes?

The term provides that an employer and employee can agree to the employee taking time off instead of being paid for the overtime. What is different about this new clause, compared to the previous TOIL clause, is the procedural requirements around this agreement.

The details of the new term are as follows:

  • A TOIL agreement is to be in writing
  • Time off must be taken within six months of the overtime being worked and at a time agreed between employer and employee
  • An agreement should state that: the parties agree to TOIL being taken; the agreement can be terminated by notice in writing; overtime worked after an agreement is terminated is paid at the overtime rate applicable to the overtime when worked; time off must be taken within six months of the overtime being worked and if not taken within six months, the employee must be paid for the overtime in the next pay period following the six months
  • TOIL is taken on a time for time basis ie if an employee works two hours of overtime, they get two hours off
  • Any TOIL agreements must be kept as an employee record
  • Record also must be kept by the employer of the number of overtime hours worked, when they were worked and an updated record of the employee’s TOIL balance
  • Any accrued but untaken TOIL must be paid out on the termination of employment

What do employers do now?

The changes are now in effect, and employers should be across how to appropriately handle TOIL in the workplace in line with these changes. For advice on the changes employers should contact Employsure on 1300 651 415.

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