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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

Regulation3.38

contributions does not include a contribution in respect of a defined benefit interest (within the meaning of the Superannuation Industry (Supervision) Regulations 1994) in a defined benefit fund (within the meaning of the Superannuation Industry (Supervision) Act 1993).

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.

3.38Records—individual flexibility arrangement

For subsection 535(1) of the Act, if an employer and employee agree in writing on an individual flexibility arrangement under the Act:

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

(b) a copy of a notice or agreement that terminates 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.

3.39Records—guarantee of annual earnings

(1) For subsection 535(1) of the Act, if an employer gives a guarantee of annual earnings under section 330 of the Act, the guarantee 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.

(2) For subsection 535(1) of the Act, if an employer revokes a guarantee of annual earnings under section 330 of the Act, a kind of employee record that the employer must make and keep is a record of the date of the revocation.

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.

3.40Records—termination of employment

For subsection 535(1) of the Act, if an employee's employment is terminated, a kind of employee record that the employer must make and keep is a record that sets out:

(a) whether the employment was terminated:

(i) by consent; or

(ii) by notice; or

(iii) summarily; or

(iv) in some other manner (specifying the manner); and

(b) the name of the person who acted to terminate the employment.

Fair Work Regulations 2009

Compilation date: 11/09/2021

61

Compilation No. 36

Registered: 19/10/2021

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