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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

Regulation3.35

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.

3.35Records—averaging of hours

For subsection 535(1) of the Act, if an employer and employee agree in writing to an averaging of the employee's hours of work, a copy of the agreement is a kind of employee record that the employer must make and keep.

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.

3.36Records—leave

(1) 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:

(a) any leave that the employee takes; and

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

(2) If an employer and employee agree to cash out an accrued amount of leave: (a) a copy of the agreement is a kind of employee record that the employer must make and keep; and

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

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

(ii) when the payment was made

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.

3.37Records—superannuation contributions

(1) For subsection 535(1) of the Act, if an employer is required to make superannuation contributions for the benefit of an employee, a kind of employee record that the employer must make and keep is a record that specifies:

(a) the amount of the contributions made; and

(b) the period over which the contributions were made; and

(c) the date on which each contribution was made; and

(d) the name of any fund to which a contribution was made; and

(e) the basis on which the employer became liable to make the contribution, including:

(i) a record of any election made by the employee as to the fund to which contributions are to be made; and

(ii) the date of any relevant election.

(2) In subregulation (1):

60

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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