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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

Regulation3.42

3.42Records—inspection and copying of a record

(1) For subsection 535(3) of the Act, an employer must make a copy of an employee record available for inspection and copying on request by the employee or former employee to whom the record relates.

Note: Subregulation (1) 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.

(2) The employer must make the copy available in a legible form to the employee or former employee for inspection and copying.

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 employee record is kept at the premises at which the employee works or the former employee worked, the employer must:

(a) make the copy available at the premises within 3 business days after receiving the request; or

(b) post a copy of the employee record to the employee or former employee within 14 days after receiving the request.

Note: Subregulation (3) 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.

(4) If the employee record is not kept at the premises at which the employee works or the former employee worked, the employer must, as soon as practicable after receiving the request.

(a) make the copy available at the premises; or

(b) post a copy of the employee record to the employee or former employee.

Note 1: 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.

Note 2: Under the Act, an inspector is also permitted to inspect and copy an employee record for the purposes of the Act. The inspector may also require the production of the employee record.

3.43Records—information concerning a record

(1) An employer who has been asked by an employee or former employee to make a copy of an employee record available for inspection must tell the employee or former employee, on request, where employee records relating to the employee or former employee are kept.

Note: Subregulation (1) 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.

(2) The employee or former employee may interview the employer, or a representative of the employer, at any time during ordinary working hours, about an employee record that the employer has made or will make.

63

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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