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True or false – you do not need to keep employment records

True or false – you do not need to keep employment records (Last Updated On: June 9, 2016)

As an employer, you may be requested to provide information regarding employees and their employment to a third party at any time. These third parties can be government departments, insurers or even market research businesses.

It is therefore imperative you keep up to date relevant records to abide by your obligations as an employer under the Fair Work Act 2009 (the Act).

General requirements.

Employers are required to maintain employee records in English, in a form that is legible and accessible to employees and inspectors. These records must be accurate and kept for a period of seven years.

What records must be kept?

The Act requires the following employment records to be kept:

  • basic employment details such as the name of the employer and the employee, along with the nature of the employment (eg full-time, part-time, or casual/temporary)
  • the employee’s start date and finish date
  • pay records, including all information required on pay slips
  • if the employee is entitled to overtime pay, records of any overtime hours worked and paid
  • any arrangements relating to the averaging of hours
  • leave entitlements, including details of leave accruals and any leave the employee takes, as well as any agreements to cash out leave
  • details of any superannuation contributions, including the contribution date, amount, period, and the fund in which the contribution is deposited
  • records relating to the termination of employment, including the party who initiated termination and the manner of termination
  • any individual flexibility arrangements entered into
  • any guarantees of annual earnings provided

Producing these records.

Under the Act, employers are required to make a copy of employee records available for inspection and copying by employees, former employees and Fair Work Inspectors.

In certain circumstances, union officials may also have the right to inspect/copy employee records. On receipt of a request to inspect and/or copy records, employers are required to provide on-site access within three days, or alternatively post a copy of the requested records within 14 days.

 

If you have any queries associated with what records you need to keep, or if you have concerns over a request to inspect, contact Employsure today. Our employment relations specialists will be able to guide you every step of the way. Call today on 1300 651 415.

 

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