4 yearly review of modern awards—Award flexibility

The Fair Work Commission was reviewing modern awards for pastoral and horticulture industries. The National Farmers' Federation (NFF) and the Australian Workers' Union (AWU) made submissions regarding the terms of time off in lieu (TOIL) of overtime. The Commission needed to decide on several issues, including the wording of the TOIL term in the draft determinations, the inclusion of certain phrases, and the placement of the TOIL term within the awards. The NFF proposed an amendment to the wording of the TOIL term, which the Commission rejected as unnecessary and potentially confusing. The AWU proposed changes to address the prospective nature of the TOIL term and to include certain phrases regarding the payment of accrued overtime. The Commission agreed to include these changes in the final determinations. Additionally, the AWU suggested that the TOIL term should only be included in the general employment conditions rather than in the sector-specific parts of the awards. However, the Commission decided to keep the TOIL term in the relevant parts of the awards to ensure that it would not be overlooked by employers and employees.

The Fair Work Commission considered the submissions from the NFF and AWU and decided on the appropriate changes to the TOIL term in the draft determinations. The Commission rejected the NFF's proposed amendment, as it was unnecessary and potentially confusing. The Commission agreed with the AWU's proposals to address the prospective nature of the TOIL term and to include certain phrases regarding the payment of accrued overtime. The Commission also decided to include the TOIL term in the relevant parts of the awards to ensure that it would be easily accessible to employers and employees. The final determinations incorporated these changes, providing clarity and consistency in the TOIL terms across the pastoral and horticulture industries.