The Government has acted on employers’ concerns about compliance with employee record keeping requirements set out in the regulations.
When introduced in March 2006, the Workplace Relations Regulations 2006 required an employer to, amongst other things, record the actual starting and finishing time on a daily basis for its employees, the total number of hours worked by employees during each day and the employees’ nominal hours and any variations to those hours.
The obligation imposed by these regulations on the employer related to all its employees.
Shortly after the introduction of these regulations, many employers and employer groups raised concerns with the Government about the difficulty employers would face in complying with these regulations, in particular, in relation to managerial employees.
The Government has acted on these concerns by amending the regulations. The amendments took effect on 5 June 2006.
In addition to the other record keeping obligations in the regulations, the amendments will require an employer to keep records as outlined in the table below:
If salary is ≥$55k ‘plus overtime’1
If salary is < $55k ‘plus overtime’
If salary is ≥$55k with’ no overtime’2
If salary is < $55k with ‘no overtime’
Daily start / finish times worked
Total hours worked each day
1 where the employee is entitled to an overtime loading under a workplace agreement, an award or other industrial instrument set out in the regulations or a contract of employment.
2 where the employee is not entitled to an overtime loading under a workplace agreement, an award or other industrial instrument set out in the regulations or a contract of employment.
The regulations also provide that the figure of $55,000 may, on and after 1 July 2007, be increased.
It is important to note that, under the regulations, an infringement notice for a breach of the employee record keeping requirements can only be issued by a workplace inspector for a contravention that occurs after 26 September 2006. In other words, there is a six-month grace period to enable employers to put the necessary arrangements in place to ensure they comply with the employee record keeping regulations.
This publication is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances and no liability will be accepted for any losses incurred by those relying solely on this publication.
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