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Employee Record Keeping Changes - April 06

We previously provided information about the obligations on employers to maintain time-keeping records for ALL employees, noting their start times, finish times and the duration of work each day. This included managers and other employees who had never previously been required to record their hours of work in such detail.

The Federal Government has now announced that the Workchoices Regulations covering employee records and timekeeping will be amended.

Record-keeping requirements will be determined based on whether the particular employee earns an annual salary of more or less than $55,000, and whether they are entitled to be paid overtime under an industrial instrument (such as an award, collective workplace agreement or individual workplace agreement) or under their contract of employment.

1. Employees who are entitled to be paid overtime under their terms and conditions of employment must have their start and finish times recorded, regardless of their annual salary.

2. Employees who are not entitled to be paid overtime under their terms and conditions of employment (e.g. employees on an all-inclusive salary) must have their total hours worked recorded if they earn less than $55,000.00 per year.

3. Employees who are not entitled to be paid overtime under their terms and conditions of employment (e.g. employees on an all-inclusive salary) and who earn more than $55,000.00 per year, are not required to have their hours of work recorded under this Regulation.

The record-keeping requirements therefore are:

SALARY LESS THAN $55,000.00

Overtime Entitlement

· Start and Finish Times

· Total Hours Worked

No Overtime

· Total Hours Worked

SALARY $55,000.00 OR MORE

Overtime Entitlement

· Start and Finish Times

No Overtime

· No records required under regulation

If you have any queries regarding the new changes to timekeeping records please contact Kylee Dare on telephone 02 4935 6191.