1 January 2017

The Fair Work Commission has varied Time Off in Lieu (TOIL) provisions in the Social, Community, Home Care and Disability Services Award and the Clerks Private Sector award.  These changes came into effect from 14 December 2016.

In summary, the changes that will apply to the Time Off im Lieu (TOIL) provisions are as follows:
Where Time off in Lieu of overtime is to be taken instead of overtime pay, it must be by written agreement between the employee and the employer

  • Time off in Lieu is taken on a time for time basis
  • Time off in Lieu is to be taken within 3 months of the overtime being worked and at an agreed time within that period.
  • If Time of in Lieu is not taken within 3 months, then employer must pay employee the overtime for any remaining hours that have not been taken off
  • An employee may request to be paid overtime for hours not taken off at any time during the 3 month period.