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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

Regulation3.44

Note: Part 5-2 of Chapter 5 of the Act sets out the circumstances in which an inspector can inspect employee records and require the production of employee records.

3.44Records—accuracy

(2) An employer must correct a record that the employer is required to keep under the Act or these Regulations as soon as the employer becomes aware that it contains an error.

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) An employer must ensure that a record that the employer is required:

(a) to keep under the Act or these Regulations; and

(b) to correct in accordance with subregulation (2);

contains a notation of the nature of the corrected error with the correction.

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) An employer must not alter a record that the employer is required to keep under the Act or these Regulations except:

(a) in compliance with subregulation (2) or (3); or

(b) to any extent otherwise permitted by the Act or these Regulations.

Note: Subregulation (4) is a civil remedy provision to which Part 4-1 applies. Division 4 of

Part 4-1 deals with infringement notices relating to alleged contraventions of civil remedy provisions.

(5) An employer must ensure that a record that the employer is required to keep under the Act or these Regulations is not altered by another person except:

(a) in compliance with subregulation (2) or (3); or

(b) to any extent otherwise permitted by the Act or these Regulations.

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) A person must not make use of an entry in an employee record made and kept by an employer for this Subdivisionif the person does so knowing that the entry is false or misleading.

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.

Subdivision 2—Pay slips

3.45Pay slips—form

For paragraph 536(2)(b) of the Act, a pay slip must be:

(a) in electronic form; or

64

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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