MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – model term for providing time off instead of payment for overtime (TOIL) was determined in a decision of 8 July 2016 (the July 2016 model TOIL term) [[2016] FWCFB 4258] – subsequent decision of 11 July 2016 varied awards which provided for overtime but did not give employees the option of taking time off instead of payment for working overtime and a number of award terms that provided TOIL at ‘ordinary rates’ [[2016] FWCFB 4579] – further decision on 31 August 2016 dealt with TOIL provisions in another 13 awards including those in the Maritime industry and Resources sector [[2016] FWCFB 6178] – after the 31 August 2016 decision, only 29 of the 113 modern awards which make provision for paid overtime remained outstanding – 21 of the remaining 29 awards currently provide for TOIL at ‘overtime rates’ – statement issued on 5 September 2016 (the 5 September 2016 Statement) outlined how the Full Bench would deal with these awards [[2016] FWCFB 6333] – In the decision of 6 October 2015 the Full Bench determined that employees who are covered by awards that provide TOIL at ordinary rates should be afforded additional safeguards to protect them from any pressures arising from the ‘financial incentive’ that employers may have to encourage an employee to take TOIL rather than payment for overtime worked [[2015] FWCFB 6847] – in the 5 September 2016 Statement the Full Bench expressed the provisional view that the July 2016 model TOIL term should be modified in respect of those awards that currently provide for TOIL at ‘overtime rates’, to remove the requirement in the model term for a TOIL agreement to be ‘in writing’ – the modified term (the model overtime rates TOIL term) results from changes made to the July 2016 model TOIL term. 4 yearly review of modern awards – Award flexibility
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