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KNOW YOUR RIGHTS -
TIME OFF IN LIEU (TOIL) AND FLEXI TIME

There is some confusion about when PSA members are eligible to accrue Time Off In Lieu and flexi time.  To clarify. 

1. An employee cannot be required to work more than 7.5 hours in any one daywithout being offered overtime. (For some OPS Classification 7.6) 

2. If the employee requests, and their Manager agrees, then the employee can latertake the overtime off in hours equal to the hours worked in lieu of payment at the penalty rate prescribed.  Ie, Time Off In Lieu of Overtime (TOIL). 

3. Therefore, if an employee is required by their Manager to work more than 7.5hours in a day, they are entitled to accrue the extra hours as TOIL.  Unless the Manager insists that they be paid the penalty rate.    

4. Flexitime is separate from overtime and T.O.I.L.  Overtime can be worked andTOIL therefore can be accrued within the flexi time band width (8am - 6pm). 

5. Approved flexi time schemes normally operate such that on days when theemployee is due at work he/she can accrue flexi time within the hours of 8 am and 6 pm (band width).  The employee is required to attend between 10 am and 12 midday and 2 pm and 4 pm (Core Hours). 

6. Flexi time arrangements are subject to operational needs and agreements. 

7. No employee can be required to work additional hours as flexi time. 

8. The PSA considers that all employees should be given the opportunity to workand accrue flexi time. 

9. An employee cannot be required to work outside their normal hours e.g. 8.45 amto 5 pm, unless it is authorised overtime. 

10. Flexi time is designed for the mutual advantage of the employee and the agencyor worksite. 

11. It is a mutual obligation of both employee and Manager to ensure that a minimumof 30 minutes unpaid break (lunch) is taken after 5 hours work.  If due to operational needs or an emergency a break cannot be taken, then;  

(a)   at a minimum, you get paid for all time worked; 
(b)   you may be entitled to a penalty payment for all time worked after the 5hours up until a 30 minute break is taken.   

But working through the lunch break must be required for it to occur, and it should not occur on an ongoing basis. 

12. It is essential that time sheets are filled out correctly.  If a Manager knowinglyauthorises an incorrect time sheet, then this may incur disciplinary action.

Principles 

The above Industrial principles are contained in Awards and Enterprise Agreements applicable to PSA members and there may be some variations between occupational groups and agencies. 

13. The Award provisions for overtime is that it is triggered by working hours inexcess of 8 hours in any one day or 38 hours in any one week.  The overtime payment or the TOIL is still calculated from an employee s normal hours, ie in excess of 7.5 hours in any one day or 37.5 hours in any one week.  (For some OPS members 7.6 hours and 38 hours) 

14. The Parity Enterprise Agreement ensures that TOIL cannot be lost.  It is importantto ensure that TOIL is recorded as such. 

15. The PSA's position is that approved flexi time cannot be lost.  Employees andManagers should both ensure that flexi time is applied for, and taken. 

16. If an employee determines that the work situation requires that they work hoursin excess of 7.5 hours, then if approved prior or subsequently the excess hours should be recorded as overtime or accrued T.O.I.L. 

17. A Workplace Flexibility Agreement will override other provisions.  This wouldhave been agreed to by a majority of employees and is a written document.  Such an Agreement needs to be approved by the Industrial Relations Commission and will apply as an appendix to the Enterprise Agreement. 

18. Members at and above ASO6, PSO3, TGO5, OPS7 levels, i.e. those receiving asalary above $55,334 per annum (from 1/10/03 $57,547) are not automatically eligible for overtime.  For University SA and Adelaide University this applies to HEO8 and above and at Flinders University HEO9.  However, for all of these members if they are regularly required to work excess hours, they would beeligible.  Medical Scientists, under their Award have different provisions. 

19. If members are required to work two or more hours after their normal finishingtime they are eligible for tea money, currently $12.30. 

20. Shift Workers, as well as being paid a shift allowance, are also eligible for TOILand overtime, but if they are paid overtime cannot also receive the shift allowance.  Ie cannot have a penalty on top of a penalty.  They receive the higher rate applicable.  Casual workers though receive a casual allowance, (currently 20%) which becomes part of their salary, so therefore any penalty or shift allowance is calculated on top of the 20%. 

21. Excessive workload  - The PSA has a  no unreasonable workload  Clause in the EA.  It is important that members do not allow workload to increase by working flexi time and then not taking it off. 

22. An employee may be required to work reasonable overtime (for which paid overtime rates apply).  They cannot be required to work extra hours within a flexi time arrangement. 

For School Services Officers only fulltime officers may be required to work in excess of 37.5 hours in a week and only when approval has been obtained from the responsible officer.  

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