It’s now almost 12 months since the Federal Government’s industrial relations legislation known as “WorkChoices” came into effect. WorkChoices has resulted in major changes in the areas of termination of employment, minimum conditions and agreement making. One area of change that has an immediate and direct impact on all employers is - the new record-keeping requirements. All employers must ensure they are keeping the required records from 27 March 2007.

Below is an overview of the records that must be kept.

Basic records employers must maintain from 27 March 2007

Employers must keep employee records in a condition that is legible and allows a Workplace Inspector to ascertain whether an employee is receiving their correct entitlements.

Records comprising the following details must be kept for all employees:

• the name of the employer and employee;
  
• the date the employee commenced their employment;
  
• whether the employee is full-time or part-time and whether they are a permanent, temporary or casual employee;
  
• rate of remuneration, including the gross and net amounts paid and details of any deductions;
  
• any allowances, penalties, loadings, bonuses or incentive-based payments;
  
• leave taken and accrued and any details of leave which the employee has elected to forgo;
  
• if superannuation contributions are made for the employee (excluding those made to defined benefits superannuation funds), the amount of the contributions, name of superannuation fund, and details of choice of fund;
  
• if applicable, penalty rates and loadings for overtime hours actually worked;
  
• if the employee has agreed to an averaging of hours, a copy of the agreement must be accessible; and
  
• the termination of an employee, including:

- the name of the person who conducted the termination;
- reasons for the termination

- how the termination took place (ie by consent, by notice, summarily or in some other manner); and

- the date of the termination.

Other record keeping-requirements

• If an overtime loading is payable the employee’s daily start and finishing times must be recorded.
  
• If an employee’s base salary is less than $55,000 (indexed each year) the total number of hours worked each day must be recorded.

Base salary does not include superannuation, loadings, penalties, bonuses or another similar entitlement.

All employers must keep written records in legible English for seven years and those records must be made available for inspection by Workplace Inspectors if required.

 

For further information, please contact Louise Houlihan on +61 3 9608 2273 or l.houlihan@cornwalls.com.au