Employee Records

The Fair Work Act 2009 requires employers to make, and keep for 7 years, employee records.

The information that is to be included in the records includes:

  • the status of employment (i.e. full-time, part-time or casual);
  • the commencement and end dates of employment;
  • the employee’s rate of remuneration including any allowances, loadings or penalty rates;
  • the total hours of work (for casual employees);
  • overtime hours worked;
  • gross and net amounts paid;
  • superannuation contributions; and
  • accrued and taken leave entitlements.

In addition to the ordinary powers that can be exercised by inspectors appointed by the Fair Work Ombudsman (FWO), there are specific powers that apply to authorised officers of the Australian Building and Construction Commission. This includes a requirement to produce a record or document to an authorised officer, where notice is given by the officer.

Payslips

Employers must provide employees with pay slips within one day of paying an amount to the employee in relation to the performance of work. Pay slips must state the period to which the pay relates, the employee’s pay rate, gross and net payment amounts, and any loadings or allowances.

A failure to comply with record keeping or pay slip obligations can result in financial penalties. We can assist you to understand your record keeping and pay slip obligations, and to respond to an investigation or audit by the FWO in relation to these matters.