Employee Records - Meeting Your Obligations

Under the Fair Work Act 2009 and Fair Work Regulations 2009, employers must maintain accurate employee records and retain these records for a minimum of seven years. 

Employee records must be complete and must not be false or misleading.

 

Why Compliance Matters

Failing to keep proper records can result in civil penalties. Beyond regulatory risk, incomplete or inaccurate records may also expose your business to disputes over pay, entitlements or termination.

 

What is an Employee Record?

Employee records include:

• the employee’s name and the employer’s name and ABN;
• the employee’s employment status (full-time, part-time, permanent, temporary, or casual);
• the date the employment commenced;
• pay rates and any overtime worked;
• agreements with the employee, such as averaging of hours, cashing out of leave, individual flexibility agreements and guarantees of annual earnings;
• gross and net pay
• deductions to pay;
• superannuation contributions;
• entitlements or allowances such as bonuses, loadings or penalty rates;
• leave taken and the employee’s current leave balance;
• details of employment termination.

 

Are Your Records in Order?

For tailored advice on meeting your obligations under the Fair Work Act and Fair Work Regulations, please contact Heather Richardson.