Workchoices Record Keeping Requirements

New record keeping requirements of employers have to introduced to guarantee:

payment of the statutory minimum rate for each hour worked;
protection from a requirement to work more than 38 ordinary hours per week plus reasonable additional hours; and
payment at the overtime rate for hours which attract an overtime loading.

The Australian Fair Pay and Conditions Standard (the Standard), click here for more information, requires that an employee must not work more than 38 ordinary hours per week plus reasonable additional hours. Subject to agreement an employer and employee can agree to average the hours worked by an employee over a 12 month period.

What constitutes reasonable additional hours is open to interpretation and will depend on the individual circumstances of each case. However reasonable additional hours is entirely separate from overtime and will not necessarily attract payment at a higher rate than ordinary hours.

For more information see our article - "Attention Employers: Requirements To Keep Employee Records" - September 2006

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