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Modern AwardsMay 2, 2016

TOIL UPDATE (Last Updated On: August 9, 2016)

Last year we sent you a number of updates about proposed changes to Time off in Lieu (TOIL) provisions in awards.

TOIL provisions allow you and your employees to agree to the employee taking time off in lieu of overtime worked, rather than being paid for it.

Although a number of awards do currently provide for TOIL, many do not. In a recent decision, the Fair Work Commission (the Commission) has confirmed that TOIL should be added to 26 awards that do not currently contain TOIL provisions.

What should I do?

Nothing for now.

The Commission will be releasing draft determinations amending the awards, and interested parties will have an opportunity to make submissions on these before changes are finalised. Until those changes are agreed, you do not need to be concerned. We will let you know when the changes are implemented and what you should do if you would like to start offering TOIL to your employees.

Keep an eye out for further updates from us.

What awards will be affected?

The following awards will be affected.

Aircraft Cabin Crew Award 2010
Alpine Resorts Award 2010
Aquaculture Industry Award 2010
Black Coal Mining Industry Award 2010
Business Equipment Award 2010
Car Parking Award 2010
Coal Export Terminals Award 2010
Concrete Products Award 2010
Cotton Ginning Award 2010
Electrical, Electronic and Communications Contracting Award 2010
Gardening and Landscaping Services Award 2010
Hospitality Industry (General) Award 2010
Marine Tourism and Charter Vessels Award 2010
Miscellaneous Award 2010
Nursery Award 2010
Pest Control Industry Award 2010
Pharmaceutical Industry Award 2010
Plumbing and Fire Sprinklers Award 2010
Poultry Processing Award 2010
Professional Diving Industry (Recreational) Award 2010
Racing Clubs Events Award 2010
Racing Industry Ground Maintenance Award 2010
Security Services Industry Award 2010
Silviculture Award 2010
Stevedoring Industry Award 2010
Travelling Shows Award 2010

The Commission will also review other awards which already contain TOIL provisions and hold further hearings on awards where specific objections have been raised regarding the inclusion of the model TOIL clause.

Once again, please rest assured we will keep you up to date on further decisions and changes to these awards, as they happen.

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