Who can use this policy
This document can be used by all Local Government employers in New South Wales.
Commentary
Many employers require employees to complete and sign timesheets as ‘proof’ of their attendance at work. Provisions in industrial instruments (awards, certified agreements, contracts, etc) may set requirements in this regard. Legislation and regulations also require employers to keep records of hours worked for some employees.
More Important Information
The Industrial Relations Act 1996 (NSW) (the 'Act') provides that employers who are subject to the Act must keep records regarding the hours worked by employees.
An employer’s record keeping requirements may differ, based on whether the employee is employed under an industrial instrument or not. Accordingly, you should seek specific advice if you are unsure of your record keeping obligations under the Act.
Timesheets, whether in print or electronic form, can be an effective means of recording employees’ hours of work and complying with an employer’s record-keeping requirements. They may also assist if there is a dispute over pay or absenteeism. Many organisations also use timesheets for other purposes, such as allocating job costing.
It is a lawful and reasonable requirement to direct employees to complete timesheets. If an employee refuses or fails to comply with this direction, the employee may be disciplined. However, it is important that an employer investigate the circumstances for non-compliance before taking disciplinary action against an employee. If you are in doubt, seek legal advice prior to implementing the disciplinary action proposed.
A timesheet policy should also provide a procedure for resolving disputes over timesheets. The policy provided is an example of a timesheet policy which can be amended to meet the individual requirements of an employer’s organisation.
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