Record Keeping Requirements

Employers who engage employees under federal workplace relations legislation are legally required to keep accurate and complete time and wage records of each and every employee.

Employers must keep a record of the following details for each employee:

• The name of the employer;
• The date the employee commenced work for the Business;
• The employment status, whether the employee is/was full time, part time, casual temporary or seasonal worker;
• If a penalty rate or loading entitlement for overtime hours actually worked, and the number of overtime hours worked;
• The workers rate of pay;
• The gross and net amounts paid and details of any deductions;
• Monetary allowances, penalty rates, loadings, bonuses, incentive based payments paid;
• Annual Leave accrued, taken and balance of leave entitlements;
• Superannuation fund and contribution details;
• Any agreements made between Employer and Employee documented and a copy of the agreement between the two parties;
• The termination of the workers employment, including:
  • Copy of letter of resignation or copy of letter of dismissal,
  • If a dismissal, name of person who terminated the employment,
  • Circumstances behind the termination (was the termination by resignation, notice, summary or some other manner)
  • Date of termination.

All employers have a legal record keeping obligation of all past, present and prospective employees for a minimum of 7 years.

Where there has been a failure to keep the required records the Workplace Ombudsman may pursue prosecution of the business and have jurisdiction to access Business records as far back as 7 years.