Common use of Time Off In Lieu (TOIL Clause in Contracts

Time Off In Lieu (TOIL. (a) This Clause will replace any relevant Company Policy with regard to time off in lieu of payment. (b) The provision of TOIL is an acknowledgement by the Company of the differing demands, unusual hours and reasonable additional hours which employees may be required to work from time to time. (c) TOIL for overtime or work on Sundays, public holidays or days off in accordance with Clause 26.1 is available by mutual agreement between the head of department and the individual Employee concerned. (d) All hours accrued by an Employee in lieu of overtime in accordance with the provisions of this Agreement will be recorded by Payroll or HR department. (e) An Employee may take TOIL by ‘using’ accrued hours providing a leave application has been submitted and authorised in advance. (f) An Employee must endeavour to use some or all of their hours accrued as soon as practicable after accrual. (g) Where an Employee has more than 38 TOIL hours accrued, the Director of Technical and Production or relevant (or appointed) manager will discuss options with the Employee to reduce those hours. (h) Where an Employee unreasonably refuses to take steps to reduce their accrued hours, the Director of Technical and Production or relevant (or appointed) manager may direct the Employee to take some or all of their accrued hours as TOIL. (i) Where an Employee has taken all reasonable steps to reduce their accrued hours and has not been directed to take leave under the above Clause but because of exceptional circumstances (and the annual schedule) has been unable to reduce their accrued hours to 8 or fewer, (i) the Company will pay to the Employee the balance of any accrued hours as at 1 February in any year, unless otherwise agreed; or (ii) the accrual of such time off may be carried forward into the following year, where mutually agreed and approved in writing by the Director of Technical and Production or relevant (or appointed) manager. (j) At the cessation of employment, the Company will pay out all accrued hours to the Employee, if any. (k) TOIL paid out in accordance with the above Clauses will be calculated by multiplying the number of hours accrued by the Employee’s hourly base rate of pay.

Time Off In Lieu (TOIL. 20.1 The parties agree that TOIL will provide the framework for an employee’s, other than a casual employee’s, pattern of attendance at work to be varied according to the needs of the employee and the requirements of the Member’s office. It is not a system that is designed to increase or reduce the total number of hours that must be worked. (TA22. 20.2 For TOIL arrangements to work effectively Members and employees have a responsibility to manage hours of work to ensure that individuals are not building up excessive TOIL credits without: (a) This Clause will replace any relevant Company Policy with regard the opportunity to time off in lieu of payment.access TOIL credits; and (b) The provision being productively employed ie a Member may require an employee not to accumulate TOIL credits before 8.30am or after 4.51pm where there is insufficient work or an employee cannot be sufficiently managed. (TA22.2) 20.3 TOIL will only accrue on those hours worked in excess of TOIL is an acknowledgement by the Company of the differing demands, unusual thirty-eight hours and reasonable forty-five minutes in a week for a full-time employee, and proportionate hours for a part-time employee. (N) 20.4 A Member may authorise an employee who has accrued TOIL credits to be absent during the hours specified for the performance of ordinary daily hours in clause 17.3 without deduction from pay, and without additional hours which employees may payment, on an hour-for-hour basis, at ordinary time rates of pay. (AW23.1) 20.5 Accrued TOIL credits will be required taken at such times and in such a period or periods as are agreed between the employee and the Member and approved prior to work from taking accrued TOIL. It is the responsibility of both the employee and the relevant Member to take steps to ensure that accrued TOIL credits can be taken as time to time. (c) TOIL for overtime or work on Sundaysoff, public holidays or days off in accordance with Clausethis clause. (TA22.16) 26.1 is available by mutual agreement between the head of department and the individual Employee concerned. (d) All hours accrued by an Employee in lieu of overtime in accordance with the provisions of this Agreement will 20.6 TOIL will, subject to operational requirements, be recorded by Payroll or HR department. (e) An Employee may take TOIL by ‘using’ accrued hours providing a leave application has been submitted and authorised in advance. (f) An Employee must endeavour to use some or all of their hours accrued granted as soon as practicable after accrual.it is accrued, unless the employee requests otherwise. (AW23.2) 20.7 If a Member does not grant an employee’s request to take TOIL because of operational requirements, the Member will consult with the employee to determine a mutually convenient alternative time for the employee to take TOIL. (g) N) 20.8 A Member will not approve TOIL where the employee has failed to keep suitable records of attendance for duty and absence from duty. (AW23.3) 20.9 An employee can only accrue a maximum TOIL credit equal to 140 hours at the end of the settlement period. (TA22.12) 20.10 A settlement period will comprise two weeks. (N) 20.11 Where an Employee employee has more than 38 accrued 100 hours TOIL hours accruedcredit the employee and relevant Member must agree, and implement a TOIL usage plan to ensure the Director employee’s accrued TOIL credit will not exceed a maximum of Technical and Production or relevant 140 hours. (or appointed) manager N) 20.12 An employee’s TOIL credits at the date of lodgement of the Agreement will discuss options be quarantined. Employees will be expected to reduce such TOIL credits to zero within the life of the Agreement. Any such TOIL credits remaining at the date of expiration of the Agreement will be forfeited. (N) 20.13 There is no provision to cash out TOIL credits either during a period of employment with the Employee to reduce those hours.Member, or upon separation. (TA22.13) (h) Where an Employee unreasonably refuses to take steps to reduce their accrued hours, the Director of Technical and Production or relevant (or appointed) manager 20.14 An employee not complying with these TOIL provisions may direct the Employee to take some or all of their accrued hours as TOIL. (i) Where an Employee has taken all reasonable steps to reduce their accrued hours and has not been be directed to take leave under work standard hours or the above Clause but because of exceptional circumstances (employee’s standard working pattern. Standard hours are 8.30am to 12.30pm and the annual schedule) has been unable 1.30pm to reduce their accrued hours 4.51pm, Monday to 8 or fewer, (i) the Company will pay to the Employee the balance of any accrued hours as at 1 February in any yearFriday, unless otherwise agreed; or (ii) the accrual of such time off may be carried forward into the following year, where mutually agreed and approved in writing by the Director of Technical employee and Production or relevant the Member. (or appointed) manager. (j) At the cessation of employment, the Company will pay out all accrued hours to the Employee, if any. (k) TOIL paid out in accordance with the above Clauses will be calculated by multiplying the number of hours accrued by the Employee’s hourly base rate of pay.TA22.17 and 18.4)