Employers are required to keep employee records for 7 years and the records must not be false or misleading.
What is an employee record?
Employee records include the following:
- the employee’s name and the employer’s name and ABN
- whether the employee is full time, part time, permanent, temporary or casual;
- the date employment commenced;
- rate of remuneration;
- overtime worked;
- agreements with the employee, for example in relation to averaging hours of work, cashing out of leave, induvial flexibility agreements, guarantee of annual earnings;
- gross and net amounts paid to the employee and any deductions made;
- superannuation contributions;
- entitlements or allowances such as incentives, bonus, loadings, penalty rates paid to the employee;
- leave taken by the employee and the balance of the employee’s leave entitlement;
- termination of employment.
Failure to keep employee records in accordance with the Fair Work Act 2009 and Fair Work Regulations 2009 may attract civil penalties.
Are you across your record keeping obligations?
Please contact Heather Richardson if you need advice regarding your obligations under the Fair Work Act and Fair Work Regulations.
