The Fair Work Ombudsman requires you to keep the following records for seven years or face a potential infringement notice.
These records must:
- Be readily accessible to a Fair Work Inspector (FWI)
- Legible and in English.
- Have not been changed unless to correct an error
- Not be false or misleading.
They must contain:
- employer’s and employee’s name
- employer’s ABN (if any)
- employee’s commencement date
- whether the employee is full-time, part time, or casual
- whether the employee is permanent or temporary.
- pay rate paid to the employee
- gross and net amounts paid
- any deductions from the gross amount
- details of any incentive-based payment, bonus, loading, penalty rate, or other monetary allowance or separately identifiable entitlement paid.
- any penalty rates or loadings paid to employees for overtime hours worked, including:
- the number of overtime hours worked by an employee during the day
- when the employee started and finished the overtime hours the hours an employee works if the employee is a casual or irregular
- part-time employee who is paid based on time worked
- a copy of the written agreement if an employer and employee have agreed to an averaging of the employee’s work hours.
- any leave taken
- how much leave an employee has.
- Any agreement to cash out annual leave (including a record of how much was paid, the amount of leave cashed out and when the payment was made)
- Superannuation contributions (amount paid, pay period, date(s) paid, name of super fund, super fund choice form).
- Individual flexibility agreements
- Guarantee of annual earnings
- Termination
- Transfer of business records
- Fair Work Act 2009 s.535 and 536 Fair Work Regulations 2009 r.3.31-3.44
Generally medical certificates will also need to be kept for 7 years from the date they were issued.
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