Consolidated WorkChoices Leglislation
Here is a link to the consolidated Workplace Relations Act 1996 as published by AustLII.
WorkChoices - more time to get Record Keeping in line - Andrews
The time for employers under WorkChoices to get their record keeping house in order has been extended today 22 September 2006 from 26 September 2006 to 26 March 2007.
WorkChoices Update – Record Keeping Requirements
All the records referred to must be in a condition that will allow a workplace inspector to determine an employee’s entitlements, and whether the employee is receiving those entitlements. This means that the forms must be legible and in a form readily accessible to a workplace inspector.
We have set out below the records that employers must now keep.
Personal details
Pay details
Annual Leave details
- the employee’s nominal hours worked
- the rate of the employee’s accrual of annual leave
- the date on which the employee was credited with annual leave
- the balance of the employee’s entitlement to that annual leave from time to time
- the amount of annual leave taken by the employee
- the amount paid to the employee while on annual leave
- If the employee has elected to forgo an entitlement to take an amount of annual leave, the following:
- copy of the employee’s written election to forgo an amount of annual leave
- record of the rate of payment for the amount of annual leave forgone and when the payment was made
Personal Leave details
Other Leave details
details of the accrual of that leave
Shift workers
- the periods the employee was a shift worker
- the date on which the employee was credited with additional annual leave
Superannuation details
- the amount of the contributions made
- the period over which the contributions were made
- the dates on which the contributions were made
- the name of any fund to which the contributions were made
- the basis on which the employer became liable to make the contributions, including:
- the keeping of a record of any election made by the employee as to the fund to which contributions are to be made
- the date of any relevant election
Termination details
Whether the employment was terminated:
o by consent
o by notice
o summarily
o in some other manner, specifying the manner
Hours worked details
Where an employee has provision for overtime and has an annual salary of less than $55,000:
- Starting and finishing times, and
- Total hours worked
Where an employee has provision for overtime and has an annual salary of more than $55,000:
- Starting and finishing times
Where an employee has no provision for overtime and has an annual salary of more than $55,000:
- No additional record-keeping requirements
Salary is calculated as the base annual salary, excluding:
o incentive‑based payments or bonuses
o loadings
o monetary allowances
o penalty rates
o employer contributions for superannuation
o any other similar separately identifiable entitlement
For part-time employees, the salary will be the equivalent as if they were a full-time employee.


