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Record keeping protections for employees under WorkChoices.



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Hon Kevin Andrews MP

Minister for Employment and Workplace Relations Minister Assisting the Prime Minister for the Public Service 18 April, 2006

Media Release

KA089/06

Record Keeping Protections for Employees Under Workchoices

The Minister for Employment and Workplace Relations, the Hon Kevin Andrews MP, announced today that the

record-keeping obligations on employers will be amended to ensure that they do not apply more widely than is

necessary, while ensuring at the same time that lower income workers are protected.

The new WorkChoices legislation has significant protections for Australian workers. These regulations are an

example of this by enabling employees and workplace inspectors to access records to ensure that employees receive

all of their entitlements.

Prior to WorkChoices, the Workplace Relations Regulations 1996 set out largely similar record-keeping and payslip

requirements but only in relation to employees covered by awards, certified agreements or AWAs.

The Government acknowledges that managerial employees necessarily work flexible and sometimes irregular hours.

To address concerns regarding the impact of the record keeping rules, while ensuring that lower income workers are

protected, the Regulations will be amended so that employers will be required to keep records relating to:

z the total number of hours worked by an employee where the employee earns an annual salary of less than

$55,000 (this amount will be indexed); and z daily start and finish times where overtime is payable to the employee under an industrial instrument (eg an

AWA) or a common law contract;

This means that where an employee earns $55,000 or more per year and is engaged under an instrument that does

not provide for overtime there will be no requirements on employers to keep records relating to hours worked for

that employee.

“WorkChoices is about encouraging greater workplace flexibility while ensuring that minimum entitlements,

including new entitlements under the Australian Fair Pay and Conditions Standard are complied with. The new time

and wage record-keeping requirements reflect this,” Minister Andrews said.

Record keeping requirements for starting and finishing times and total hours worked.

*Indexed

For further information contact:

Kate Walshe 0411 472 299

Employee status Record keeping requirements

Where an employee has provisions for overtime and is

paid an annual salary of less than $55,000*

Employers would be required to keep records of starting

and finishing times and total hours worked

Where an employee has provisions for overtime and is

paid an annual salary of $55,000* or more

Employers would be required to keep records of starting

and finishing times

Where an employee has no provisions for overtime and

is paid an annual salary of less than $55,000*

Employers would be required to keep records of total

hours worked

Where an employee has no provisions for overtime and

is paid an annual salary of $55,000* or more

There would be no record keeping requirements under

Regulation 19.9