One of the most misunderstood and confusing issues in the NPBS Enterprise Agreement (EA) continues to be the accruing and taking of TOIL.

Here we give the Union’s view on when it occurs and how the USU understands it should be calculated.

There are three main Clauses in the EA that need to read in conjunction with each other. They are:

  • Clause 8 When are our ordinary hours?

Sub Clause 8.2(a) states that a full time employee can work an average of 152 hours over a 4 week cycle.

  • Clause 15 Can I take time off in lieu of being paid for working overtime?

Clause 15 of the 2021 EA states as follows:

15.1 If you are a full-time employee, you and your Line Manager can agree that you will take time off in lieu of being paid for working overtime. The arrangements that will apply are:

  1. you will be able to take time off which is equal to the number of hours worked plus the loading. For example, during weekdays, time in lieu taken in respect to the first hour of overtime worked equates to 1.5 hours’ time off in lieu;
  2. time in lieu will be recorded by your Line Manager;
  3. you can only accrue up to 20 hours’ time in lieu each month;
  4. time in lieu must be taken within 1 month of the overtime being worked. If you don’t take your time in lieu within 1 month of working the overtime, you’ll be paid for the overtime worked;
  5. if you change your mind and want to receive a payment instead of taking time off in lieu, let your Line Manager know and you’ll be paid for the overtime worked; and
  6. any accrued but untaken time off in lieu of overtime at the time your employment ends will be paid to you at the overtime rate applicable to the overtime worked.
  • Clause 19.3 Loadings for working Overtime.

Day

Overtime period worked

The loaded rate you will be paid for the hours during the specified times is…

Weekdays

First 3 hours

150% of hourly Base Salary

 

Each additional hour after the first 3

200% of hourly Base Salary

Saturdays

Each hour worked outside ordinary hours

200% of hourly Base Salary

Sundays

Each hour worked outside ordinary hours

200% of hourly Base Salary

Public Holidays

Each Hour

250% of hourly Base Salary

A common example of the confusion revolves around those working in the Branch Network who accrue 3.5 hours overtime due to working one or more Saturday shifts in a 4 week roster cycle.

If you take the extra hours worked within the 4 week cycle and you DO NOT exceed 152 hours for that cycle no penalty rate applies. This forms part of the averaging of the hours over the cycle.

However, if you cannot take the extra hours within the roster cycle you are entitled to the following penalty rates:

  • 3 hours at 1.5x and .5 hour at 2x  =  5.5 hours
  • You can request this be paid to you in the salary cycle or;
  • If you elect to take TOIL at the penalty rate and it is not taken within a month of accruing it – you are entitled to be paid at the penalty rate.

Important Note: TOIL does not “disappear” or get wiped unless you take it – if you have worked it you are entitled to it!

We encourage all members to keep a record of their TOIL – not only will this help you “keep track” of how much you are owed but it will also assist your Manager in recording it correctly.

The USU is here to assist members should they feel they are not being paid correctly. Contact details are listed below.

If you have workmates who are not Union members but are encountering difficulties with TOIL please encourage them to join so we can help them too.

For more information contact one of your USU representatives:

Paul Sansom, USU Official
Mob 0409 076 633 • psansom@usu.org.au

Dannielle Hunt, USU Workplace Delegate
Ph 4943 7455 • danni.york@npbs.com.au

Skye Ferfoglia, USU Workplace Delegate        
Ph 4951 4366 • skye.ferfoglia@npbs.com.au