Employer Record Obligations, what you need to know!

Employers who engage employees under relevant Commonwealth workplace laws are required to make and keep accurate and complete records of all their employees.

Here are the main points:

Record-Keeping (Employers) Obligations

♣  Employee records are private and confidential

♣  No one can access those records except the employee, their employer and relevant payroll staff

♣  Copies of employee’s records must be available at the request of an employee or former employee

♣  Fair Work Inspectors may access employee records if required

Information to be made and kept (Records)

 ♣  General Records

            • Employer’s name
    • Employer’s ABN
  • Employee’s name
  • Employee’s commencement date
  • Employee’s employment basis

♣  Pay Records

  • Rate of pay paid
  • Gross and net amounts as well as any deductions
  • Details of any incentive-based payments

♣  Hours of work records

  • Casual / Part-Time employee: records of hours worked
  • Any other type: overtime worked each day
  • Copy of agreed to an averaging of the employee’s work hours

♣  Leave Records

  • Leave taken
  • Balance of the employee’s entitlements
  • Copy of the agreement to cash out any leave if applicable
  • Rate of payment made to cash out those leaves and date of the payment

♣  Superannuation

  • Amount of the contributions made
  • Date of the contributions was made
  • Period related to the each contribution made
  • Name of the fund to which the contribution was made

♣ Termination

  • Circumstances of the termination (by consent, by notice, …/…)
  • Name of person who terminated the employment
Pay Slips Obligations

♣ Delivery

  • Within one day of pay day
  • Electronic form or hard copy

Note that if the employers opt for issuing electronic pay slips they should not only store them on a database but give an electronic pay slips via email or such

♣  Compulsory information on the pay slip

  • Pay slips must contain information such as: employer’s name, ABN, employee’s name, date of payment, pay period, gross and net amount, and hourly pay rate as well as number of hours worked
  • Any deductions if applicable
 Contravention Applicable

Be aware that Fair Work Inspectors may issue an employer with an infringement notice from $510 per individual for failing to meet their record-keeping and pay slip obligations.