FWC announces provisional TOIL model

by Miklos Bolza17 Jul 2015
The final Full Bench decision on proposed amendments to time off in lieu (TOIL) of payment of overtime and make-up time were announced by the Fair Work Commission (FWC) today as part of its four yearly review of modern rewards.
Claims by both the Australian Industry Group (Ai Group) and the Australian Manufacturing Workers’ Union (AMWU) on TOIL and make-up time provisions were examined with the Full Bench deciding 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.
The Full Bench rejected Ai Group’s proposal to add these provisional models to 10 model awards that featured existing TOIL provisions saying that changes were only necessary for “modern awards which do not presently contain a TOIL provision”. It also rejected their claim to insert a new make-up time provision into 51 modern awards as well as AMWU’s request to modify TOIL provisions in five modern awards.
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.


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