Crow Business Services -

Employer record keeping obligations now enforceable 

31 03 2007

The moratorium on the prosecution of employers in breach of requirements to maintain time and wages records and to issue pay slips ended on Tuesday (27/3).  This means that the Office of Workplace Services (OWS) is now able to bring prosecutions and issue ‘on the spot’ infringement notices against employers who are not complying with their obligations in this area.  The OWS has indicated that, rather than take a heavy-handed approach, it will initially respond primarily to complaints received.  However, it has foreshadowed specific compliance campaigns in areas such as the cleaning industry and the tourism/accommodation sector.  The Federal Government fortunately has responded to employer concerns and made some sensible changes to what was originally being proposed in this area.  In particular, the obligation to record actual hours worked by employees is limited to employees paid at an hourly rate, e.g., casuals, and to employees entitled to overtime.  ; In the latter case, only the overtime hours actually worked must be recorded.  These changes mean that the time and wage and pay slip obligations that now exist are similar to those that existed pre-WorkChoices.