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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

Regulation3.41

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.

3.41Records—transfer of business

(1) For section 796 of the Act, this regulation applies if a transfer of business occurs as described in section 311 of the Act.

Note: Section 311 identifies the participants in the transfer of the business as:

(a) the old employer; and

(b) the new employer; and

(c) a transferring employee.

(2) The old employer must transfer to the new employer each employee record concerning a transferring employee that the old employer was required to keep for subsection 535(1) of the Act at the time at which the connection between the old employer and the new employer mentioned in paragraph 311(1)(d) of the Act occurs.

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.

(3) If the old employer is a Commonwealth authority, the old employer only has to provide copies of those records.

(4) If the transferring employee becomes an employee of the new employer after the time at which the connection between the old employer and the new employer mentioned in paragraph 311(1)(d) of the Act occurs, the new employer must ask the old employer to give the new employer the employee records concerning the transferring employee.

Note: Subregulation (4) 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.

(5) If the old employer receives a request under subregulation (4), the old employer must give the employee records to the new employer.

Note: Subregulation (5) 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.

(6) The new employer who receives transferred employee records must keep the records, as if they had been made by the new employer at the time at which they were made by the old employer.

Note: Subregulation (6) 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.

(7) The new employer is not required to make employee records relating to the transferring employee's employment with the old employer.

Fair Work Regulations 2009

Compilation date: 11/09/2021

62

Compilation No. 36

Registered: 19/10/2021

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