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Chapter 3Rights and responsibilities of employees, employers, organisations etc. Part 3-6Other rights and responsibilities

Division 3Employer obligations in relation to employee records and pay slips

Regulation3.31

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:

(a) 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

(b) pay; and

(c) overtime hours; and

(d) averaging arrangements; and

(e) leave entitlements; and

(f) superannuation contributions; and

(g) termination of employment (where applicable); and

(h) 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 Partare 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 all of the information set out in regulation 3.46.

Subdivision 1—Employee records

3.31Records—form

(1) For subsection 535(1) of the Act, an employee record made and kept by an employer for this Subdivisionmust be of the following kind:

(a) a record in a legible form and in the English language;

(b) a record in a form that is readily accessible to an inspector.

Note: Subsection 535(1) of the Act is a civil remedy provision. Section 558 of the Act and

Division 4 ofPart 4-1 of the Act deal with infringement notices relating to alleged contraventions of civil remedy provisions.

(2) For section 796 of the Act, an employee record made and kept by an employer for this Subdivisionmust be of the following kind:

(a) a record in a legible form and in the English language;

(b) a record in a form that is readily accessible to an inspector.

Note: Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies.

Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

58

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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