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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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Contact the HR and employment law experts at BetterHR to minimise your risks. We’ll talk you through the correct steps to ensure compliance with your employee record-keeping obligations.

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