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Last week the government announced further changes to the regulations of the Workplace Relations Act. Of particular relevance is the extension of time employers now have to comply with the record keeping requirements from 27 September 2006 until 27 March 2006.
The record keeping requirements (set out in detail in our update of 18 September 2006 which can be viewed via the link to this update) had been causing many employers concerns, particularly the requirements relating to recording of starting and finishing times of employees and total number of hours worked. Many employers simply did not have mechanisms in place by which to capture this information. After extensive lobbying, the government has decided to extend the time by which employers have to comply.
While the obligation to capture the information and retain it is still there, the effect of the new regulation is that employers will not be prosecuted for not complying prior to 27 March 2007. As at 27 March 2007, a failure to comply can result in a penalty of $2,750 per occurrence of the regulations breached. We emphasise that the obligation to keep the records has not been taken away. Unless the regulations are again further amended, employers will need to have processes in place by 27 March 2007 to comply.
The new regulations also make some other amendments with immediate effect to the way WorkChoices will work. These include the following:
1. Clarification of the circumstances in which both personal leave (sick leave and compassionate leave) and annual leave can be paid out; and
2. Clarification that an employee cannot be penalised for taking personal/carer's leave or failure to comply with the notification requirements relating to personal/carer's leave.
We will continue to monitor any developments and report them as they arise.
To view a copy of the last update click here
Mark Dunphy and Karl Rozenbergs | 