The CPSU met with the Department yesterday (3 April) to discuss our concerns with the proposed Time Off In Lieu (TOIL) provisions for Executive Level staff. Our concerns have been raised formally with the Department under the Dispute Resolution provisions of the AGD Enterprise Agreement.
At this meeting the CPSU outlined the concern of members with proposals
dealing with the performance of additional duty within the bandwidth hours of
7.30am – 7.30pm, Monday-Friday. The concerns relate to the absence of any
certainty in accessing time off in lieu for additional hours worked within the
bandwidth. As a way forward the CPSU proposed:
For any additional hours worked within the bandwidth up to an additional
5 hours in a settlement period (fortnight), time off in lieu may be granted
but not necessarily on an hour for hour basis.
For any additional hours worked within the bandwidth over and above 5
extra hours in a settlement period (fortnight), time off in lieu will be
granted at the rate of 1:1.
The Department noted the proposal but indicated that its preference was for
any extra hours worked during the bandwidth to remain subject to the Flexible
Working Hours Arrangements. That is, fair and reasonable access to time off in
recognition of additional hours worked remains available.
The CPSU raised the concern of members with the failure of TimeKeeper under
the new policy to record the accumulation of additional hours worked under the
Flexible Working Hours Arrangements. We suggested that this was not consistent
with provisions of the Enterprise Agreement requiring a supervisor to have
regard to the period over which additional hours have been accrued in
considering a request for time off. The Department said that they would have
another look at the Aurion system to determine if there is any scope to address
The CPSU also raised the concerns of members with the transitional provisions
and the intention to divide existing TOIL balances by 5 to establish a new
‘transitional balance’. Discussion on this issue focussed on the treatment of an
employee’s pre-divisor TOIL balance and the opportunities that would continue to
be available to employees to access time off in lieu of their pre-divisor TOIL
balance. The CPSU will be seeking further clarification on these arrangements.
The treatment of additional hours worked within the bandwidth of
7.30am-7.30pm continues to be an issue. The CPSU will now await clarification
regarding ongoing access to time off in lieu of pre-divisor TOIL balances and
advice from the Department on the recording of accruals of Flexible Working
Hours Arrangements hours on TimeKeeper in considering what matters require the
assistance of Fair Work Australia to resolve.
CPSU will keep you updated on further developments.