Documents Workplace Relations 10.14379.pdf - Chief Minister's ...

Attachment A
The proposal to reduce the cap on the amount of accrued TOIL to 80 hours in the 20 I 0-
201 I LAMS agreement would be more consistent with the provisions that apply in the
ACTPS. ACTPS staff have access to flextime provisions and it should be noted that there
are differences betweeJi the accrual of TOlL by LAMS staff·and flextime by ACTPS staff.
In general terms, LAMS staff may accrue TOIL for time worked outside of' normal hours'
that would usually be paid as overtime payment to ACTPS staff.
Notwithstanding the differences between TOIL accrued by LAMS staff and flextime
accrued by ACTPS staff, the concepts are similar and could be managed in a similar way .
. The ACTPS Agreement flextime provision states: An employee may have a maximum
t1extiine credit equal to the employee's nm'mal weekly hours of duty, at the end of the
settlement period. This may be varied by agreement between the manager/supervisor and
the employee. In the AC:fPS, the settlement petiod is 4'wecks. In effect, ACTPS
·employees are limited to having a maximum t1ex credit equivalent to one week (36 Y.i
hours) at the end of every four week period.
As noted previously, there are a number of claims around TOIL, payment of the ·LAMS
allowance for extra hours worked and on-call provisions. There is an interrelationship
between the accrual of TOIL and the payment of LAMS allowanq: and it is proposed that a
commitment is give11 to reviewing matters relating to the LAMS allowance (including
payment during leave), TOIL (including the cap), and on-call arrangements (including
allowances) for consideration in the next round of negotiations.
Annual Leave
Annual leave usage should be managed in a manner consistent with the arr-angements
applying in the ACTPS and the LAMS agreement should mirror the provisions in the
ACTPS agreements that state:
• lf an employee has accrued two years wm1h of annual leave credits and unless
exceptional operational circumstances exist, the employee and relevant
manager/supervisor must agree, and implement an ahnualleave usage. plan to ensure
the employee's accrued leave credit will not exceed a two and a half years worth of
annual leave credit.
• If an employee does not agree to a reasonable annual leave usage plan the Chief
Executive may direct an employee who has accrued two and a half years wm1h of
annual leave credit to take annual leave to the extent that the employee's annual
leave credit exceeds two and a half years wot1h of credit, subject to giving the
employee one calendar month notice. This clause does not apply to an employee
who is on graduated return to work following compensation leave.
The ACTPS agreements also have some t1exibility in transitional arrangements (ie
recognizing that there may be staff who may already have well in excess of two years