Fair Work Regulations 2009

For subsection 535(1) of the Act, if an employee is entitled to leave, a kind of employee record that the employer must make and keep is a record that sets out:

any leave that the employee takes; and

the balance (if any) of the employee’s entitlement to that leave from time to time.

If an employer and employee agree to cash out an accrued amount of leave:

a copy of the agreement is a kind of employee record that the employer must make and keep; and

a kind of employee record that the employer must make and keep is a record that sets out:

the rate of payment for the amount of leave that was cashed out; and

when the payment was made

Subsection 535(1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4‑1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.