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Consolidated WorkChoices Leglislation

Posted in Employment, WorkChoices by OnlineLegal on the September 22nd, 2006

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

Posted in Employment, WorkChoices by OnlineLegal on the September 22nd, 2006

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.

Full details

WorkChoices Update – Record Keeping Requirements

Posted in Employment, WorkChoices by OnlineLegal on the September 20th, 2006
From 26 September 2006, all WorkChoices employers must keep records relating to their employees employment. Failure to keep these records may result in fines or prosecution.

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

  • Employee name
  • Employer name
  • Employee date of birth
  • the name of each instrument under which the employee derives entitlements
  • the classification of the employee under each such instrument
  • whether the employment is full-time or part-time
  • if the employee is full‑time or part‑time, a specification of the number of hours to be worked by the employee per week
  • whether the employment is permanent, temporary or casual
  • the date on which the employment began

Pay details

  • the basis on which the rate of pay is determined
  • the details of any incentive‑based payment, bonus, loading monetary allowance, penalty rate or other separately identifiable entitlement that the employee is entitled to gross rate of pay expressed as an hourly rate
  • the period to which the payment relates
  • the total remuneration received by the employee during that period, including the gross and net amounts
  • the dates on which the employee was paid
  • the deductions (if any) made from that remuneration and the name of the fund or account into which the deductions were paid

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

  • the employee’s nominal hours worked
  • the rate of the employee’s accrual of personal leave
  • the date on which the employee was credited with personal leave
  • the balance of the employee’s entitlement to personal leave from time to time
  • the amount and type of personal leave taken by the employee
  • the amount paid to the employee while on personal leave

Other Leave details

  • the amount and type of leave taken by the employee (including whether the leave is paid or unpaid)
    details of the accrual of that leave
  • the date on which the employee was credited with that leave
  • the balance of the employee’s entitlement to that leave from time to time
  • the amount paid to the employee while on 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.

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