Changes to WorkChoices Record Keeping Rules

To address concerns regarding the impact of the record keeping rules, while ensuring that lower income workers are protected, the Minister for Workplace Relations, The Hon Kevin Andrews announced today that Regulations will be amended so that employers will be required to keep records relating to:-
> 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
> daily start and finish times where overtime is payable to the employee under an industrial instrument (e.g. 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.

Record keeping requirements will now apply as follows:

• 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.

The ADAVB will publish formal record keeping requirements once the Regulations have been finalised.