APS negotiators are attempting to wrangle with time-off-in-lieu (TOIL) provisions. 

In a recent bargaining update, chief negotiator Peter Riordan expressed openness to reforming TOIL for around 47,000 public servants at Executive Level 1 and Executive Level 2 classifications (EL1, EL2), where compensation for extra hours is known to be flexible.

The EL2 classification, notorious for its high workloads and long hours, has been labelled the “burn zone” due to experienced mid-level managers leaving after enduring years of extra duties without promotion. 

The absence of a formal TOIL structure across the APS has allowed individual agency leaders to determine how extra hours are recognized, resulting in ambiguity and disincentives for talent seeking career progression.

Riordan says he aims to address the issue of inconsistent TOIL management by acknowledging the need for greater structure in the current employment market. 

Currently, about 85 per cent of existing enterprise agreements provide EL TOIL at the discretion of managers, without a specific rate. 

Riordan is actively engaging in discussions on EL TOIL, acknowledging the varying practices across the APS.

Debates on middle management conditions question whether the executive level band in the APS benefits the wider public service or deters high performers. 

Additionally, the APS faces challenges in compensating specialist talent adequately, often forcing them into contracting or consulting arrangements for higher pay.