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Amendments to Workplace Relations Regulations take effect.



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Hon Kevin Andrews MP

Minister for Employment and Workplace Relations Minister Assisting the Prime Minister for the Public Service 15 December, 2006

Media Release

Amendments To Workplace Relations Regulations Take Effect

The amendments to the Workplace Relations Regulations 2006 relating to time record keeping, announced on 13

November 2006, together with some additional technical amendments and the regulatory amendments

consequential upon the recent amendments to the Workplace Relations Act 1996, take effect today.

As was previously announced, the Regulations streamline the record keeping and pay slip requirements.

For example, an employer will be required to keep records that:

z allow the basic periodic or piece rate of pay to be determined for each employee;

z allow protected award conditions such as penalty rates, loadings, allowances or incentive based payments to

be determined; and z show the accrual, leave taken and the balance of the employee’s entitlement to annual leave and personal/

carer’s leave (and any election to forgo leave).

The requirements to record hours worked have been streamlined such that employers will only be required to make

records in relation to overtime where an employee actually works overtime hours, rather than having to record all

hours worked.

However, the Regulations continue to require employers to keep records of hours worked by casuals and irregular

part-time employees, many of whom are young people, where they are paid on an hourly basis.

Employers will also be required to:

z keep records relating to superannuation contributions either payable each pay period or set aside on behalf of

the employee; z keep any agreement authorised under the Standard (e.g. copies of any elections to cash out leave; averaging

of hours arrangements); and

z issue payslips - the content of which would reflect the new record-keeping requirements.

To provide employers with sufficient time to ensure compliance with the revised record keeping and pay slips

requirements, these changes will commence on 27 March 2007, coinciding with the end of the transitional period

during which employers cannot be prosecuted for contravention of record keeping requirements.

The new Regulations also make technical amendments in the following areas:

z the operation of State and Territory laws relating to apprentices and trainees to make it clear that State and

Territory laws essential to the performance of a training contract continue to operate; z preserved State agreements, post termination;

z civil remedy provisions (so as to consolidate them);

z wage agreements and instruments for employees paid by commission;

z the disclosure of information by workplace inspectors and where information in relation to AWAs is in the

public domain; and z leave entitlements under the Australian Fair Pay and Conditions Standard (some of which are consequential

upon recent amendments to the WR Act while others clarify leave entitlements).

Further information and copies of the regulations can be found at: www.comlaw.gov.au or by contacting the

WorkChoices Infoline: 1300 363 264.

For further information contact:

Brad Burke 0421 586 478