MODERN AWARDS – 4 yearly review – common issues – s.156 Fair Work Act 2009 – the July 2015 Award Flexibility decision dealt with a number of claims to vary certain modern awards in respect of time off in lieu of payment for overtime (TOIL) and make up time [[2015] FWCFB 4466] – interested parties provided with opportunity to make submissions in relation to content of provisional model TOIL term and proposition that model TOIL term be inserted in 113 modern awards – decision issued on 6 October 2015 dealt with submissions concerning content of model term [[2015] FWCFB 6847] – submissions filed regarding October 2015 model TOIL term fall into two broad categories: general submissions and award specific submissions – this decision only deals with one aspect of the general submissions and some other issues relating to the form and content of the October 2015 model TOIL term – October 2015 model TOIL term re-drafted in plain language (April 2016 model TOIL term) – 30 modern awards which contain overtime provisions do not presently contain a TOIL term – four of those awards are the subject of award specific submissions – Full Bench satisfied that variation of the remaining 26 modern awards to incorporate the April 2016 model TOIL term was necessary to ensure that each of these modern awards provides a fair and relevant minimum safety net – draft variation determinations to be published – interested parties to be provided an opportunity to comment on the plain language redraft of the model TOIL term – regarding the 21 modern awards that presently contain a penalty basis TOIL term, draft variation determinations will be published and interested parties provided an opportunity to comment. 4 yearly review of modern awards—Award flexibility
…
