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Rights and responsibilities of employees, employers, organisations etc.Chapter 3 Other rights and responsibilitiesPart 3-6 Employer obligations in relation to employee records and pay slipsDivision 3

Regulation3.32

3.32Records—content

For subsection 535(1) of the Act, a kind of employee record that an employer must make and keep is a record that specifies:

(a) the employer's name; and

(b) the employee's name; and

(c) whether the employee's employment is full-time or part-time; and

(d) whether the employee's employment is permanent, temporary or casual;

and

(e) the date on which the employee's employment began; and

(f) on and after 1 January 2010—the Australian Business Number (if any) of the employer.

Note: 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.

3.33Records—pay

(1) For subsection 535(1) of the Act, a kind of employee record that an employer must make and keep is a record that specifies:

(a) the rate of remuneration paid to the employee; and

(b) the gross and net amounts paid to the employee; and

(c) any deductions made from the gross amount paid to the employee.

(2) If the employee is a casual or irregular part-time employee who is guaranteed a rate of pay set by reference to a period of time worked, the record must set out the hours worked by the employee.

(3) If the employee is entitled to be paid:

(a) an incentive-based payment; or

(b) a bonus; or

(c) a loading; or

(d) a penalty rate; or

(e) another monetary allowance or separately identifiable entitlement;

the record must set out details of the payment, bonus, loading, rate, allowance or entitlement.

Note: 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.

3.34Records—overtime

For subsection 535(1) of the Act, if a penalty rate or loading (however described) must be paid for overtime hours actually worked by an employee, a kind of employee record that the employer must make and keep is a record that specifies:

(a) the number of overtime hours worked by the employee during each day; or

(b) when the employee started and ceased working overtime hours.

Fair Work Regulations 2009

Compilation date: 11/09/2021

59

Registered: 19/10/2021

Compilation No. 36

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