find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (1-3 PAE)
Category: Insurance and Superannuation Law | Location: Sydney NSW 2000
· Join a dynamic Firm · Excellent career growth opportunity
View details
In-house lawyer 1-4 PAE
Category: Generalists - In House | Location: Adelaide SA 5000
· Leading Brand · Report to a Dynamic Legal Counsel
View details
WorkChoices’ time-keeping a good move: lawyers

WorkChoices’ time-keeping a good move: lawyers

THE NEW time-keeping regulations to be introduced under the WorkChoices legislation, recently announced by the federal Minister of Employment and Workplace Relations, is one based on common…

THE NEW time-keeping regulations to be introduced under the WorkChoices legislation, recently announced by the federal Minister of Employment and Workplace Relations, is one based on common sense, an employment law expert announced this week.

David Thompson, employment law partner of law firm Hunt & Hunt, claims the time-keeping regulations will minimise what could have been a time-consuming an unnecessary burden on employers.

Under the changes, employers will not be required to keep track of the working hours of employees who are not paid overtime, unless the employee earns less than $55,000 per year.

WorkChoices introduced the previous administrative burden by stipulating that employers record hours of work for all employees, including those on awards or covered by industrial agreements. Before WorkChoices, there was no statutory obligation to do so.

There are three categories of employees to consider under the amendment, according to Neil Napper, partner at Deacons. “According to the Minister’s announcement, where you’ve got an employee who is paid an annual salary less than $55,000 per year and who already has some sort of entitlement to receive overtime payments, then the employers have to keep records about the starting and finishing times and their total hours worked. In other words, there’s no change from the existing requirements of the regulations.

“However, if you’ve got an employee who’s paid an annual salary of less than $55,000 per year, but there is no entitlement for that employee to be paid overtime, then all the employer has to do is keep records of the total hours worked rather than their daily starting and finishing times,” he said.

The second category applies to employees who are paid an annual salary of $55,000 or more and who also have some sort of entitlement to overtime under a contract, award or industrial agreement. Employers are required to keep records of starting and finishing times for such employees.

There is no obligation to keep any records for the final category of employees, who are paid an annual salary of $55,000 or more and who have no entitlement to overtime.

Napper believes the change is a good development for employers as “it will revert the initial reaction of employers to the pre-WorkChoices position, which is for most non-award employers and employees who don’t have their terms and conditions regulated by a workplace agreement of some kind.”

“The Minister’s decision to reconsider those regulations is both appropriate and welcome, and it will relieve employers of unnecessary bureaucracy and paper work,” Hunt & Hunt’s Thompson said.

However, he warned that employers still needed to be aware that there are two different timekeeping requirements. One relates to total hours worked and the other to start and finish times. “Each of these requirements has different tests which determine whether timekeeping records should be kept,” he said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

WorkChoices’ time-keeping a good move: lawyers
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
07:03
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...