Employer obligations in relation to employee records and pay slips
Division 3 Employer obligations in relation to employee records and pay slips
Note about Subdivision 1
The regulations in Subdivision 1 set out the kinds of records that must be made and kept for the purposes of sections 535 and 796 of the Act. These records are required to be kept by employers for 7 years.
An employer must keep a record in respect of each employee about:
basic employment details such as the name of the employer and the employee and the nature of their employment (e.g. part‑time, full‑time, permanent, temporary or casual); and
pay; and
overtime hours; and
averaging arrangements; and
leave entitlements; and
superannuation contributions; and
termination of employment (where applicable); and
individual flexibility arrangements and guarantees of annual earnings.
There are also obligations on old employers and new employers in transfer of business situations.
Records must be properly maintained. For example, regulation 3.31 sets out form requirements to make sure that records are legible and readily accessible to an inspector. Regulation 3.44 sets out requirements to ensure that records are accurate at all times.
This subdivision also deals with obligations for employers in relation to facilitate the inspection and copying of records by employees (see also the inspector powers set out at Part 5‑2 of the Act).
Most of the obligations in this Part are civil remedy provisions. This means that Part 4‑1 of the FW Act will apply (including the course of conduct rule in section 550).
Note about Subdivision 2
The regulations in Subdivision 2 deal with the form and content of pay slips for the purposes of section 536 of the Act.
Pay slips must include the information set out in regulation 3.46 and must not include the information set out in regulation 3.47. Pay slips must also comply with the requirements for reporting paid family and domestic violence leave set out in regulation 3.48.
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