Record-keeping Requirements

In reviewing the legislation, the government proposes to amend the record-keeping regulations to streamline them so that the focus is on records that are necessary to facilitate compliance with the Standard, or relevant industrial instrument and protected award conditions.

The proposed amendment will require employees/employers to record only those hours for which an employee is entitled to overtime or other penalty rates, rather than all hours worked. This is similar to the relevant pre-WorkChoices record-keeping requirements.

What does this mean for the University?

• Academic staff (all levels of classification) will not need to complete time records, because they are not entitled to overtime or penalty rates.

• Professional staff, classified at HEO8 and above, as detailed in the University of Adelaide Enterprise Agreement 2010-2013 sub-clause 3.6.6, are not normally entitled to payment of overtime. These staff will not be required to complete time records as overtime is not an entitlement; it is at the discretion of the University with regard to professional staff at these classifications.

• Professional staff classified HEO1 to HEO7 when working more than 7 hours 21 minutes per day (FTE) or 36.75 hours per week (FTE) will need to complete a time record. That is, whether overtime is or is not being claimed, a time record must be completed.

• Where professional staff work their required FTE hours, i.e. 7 hours 21 minutes per day and no additional hours/time, no time record is required.
  In other words, current processes and practices remain.
  Download the Time Record template.

Potential Risk

For example

A professional staff member chooses to commence work at 8:15am and finish work at 5:30pm for reasons of personal convenience. The staff member also takes a meal break of 60 minutes each day. However, they refuse to complete a time record as they have no intention of claiming the additional time worked as flexi-time or overtime.

During an audit by Workplace Services, the inspector becomes aware of the staff member’s work hours and asks to see the time records.

As no records can be produced, the University and staff member could be penalised in accordance with the Workplace Relations Act and Regulations.

For further information, please contact the Manager Workplace Relations.