Independent Schools Victoria Compliance Framework

Employer obligations in accordance with the Workplace Relations Regulations 2006 (Cth.).

Employee records

Please scroll to the bottom of the page for contacts and links.

Do you need to comply?

Yes, compliance is required for all employers under the Fair Work Regulations 2009 (Cth.).

Conditions of compliance

An employer is required to keep an employee record for each employee and to record the information mandated by the Fair Work Regulations 2009 (Cth.).

If you have to comply, what do you have to do?

The regulations set out the kinds of records that must be made and kept for the purposes of sections 535 and 796 of the Fair Work Act 2009 (Cth) (the Act). These records are required to be kept by employers for seven (7) years.

An employer must keep a record in respect of each employee about:

(a) basic employment details such as the name of the employer and the employee and the nature of their employment (e.g. part-time, full-time, permanent, temporary or casual)

(b) pay

(c)overtime hours

(d) averaging arrangements

(e)leave entitlements

(f) superannuation contributions

(g) termination of employment (where applicable)

(h) individual flexibility arrangements and guarantees of annual earnings.

There are also obligations on old employers and new employers in transfer of business situations.

Records must be properly maintained. For example, regulation 3.31 sets out form requirements to make sure that records are legible and readily accessible to an inspector. Regulation 3.44 sets out requirements to ensure that records are accurate at all times.

Subregulation 3.42 deals with the obligations of employers in relation to facilitating the inspection and copying of records by employees (see also the inspector powers set out at Part 5-2 of the Act).

A detailed explanation of these requirements is available from the Fair Work Ombudsman website.

What are the consequences if you don't comply?

Fair Work Inspectors can issue employers with infringement notices for failing to meet pay slip and record-keeping requirements.

An infringement notice is similar to an on-the-spot fine and is an alternative to taking matters to court. Generally an employer has 28 days to pay the penalty imposed by an infringement notice.

Maximum infringement notice fines:

• $330 per contravention - for an individual
• $1650 per contravention - for a corporation.

If an employer’s failure to meet the requirements is serious, wilful or repetitive, then Fair Work Inspectors may recommend the matter be taken to court.

Who will help you?

Independent Schools Victoria contacts:

Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
Kerri.knopp@ais.vic.edu.au

Sandro Mazzotta
Senior Workplace Relations Advisor
Ph. 03 9825 7206
sandro.mazzotta@ais.vic.edu.au

Sarah Matar
Workplace Relations Adviser
Ph. 03 9825 7215
sarah.matar@ais.vic.edu.au    

Submitted 4/7/2006, edited 24/8/2009.