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LONG SERVICE LEAVE ACT 1976 - SECT 12 Long service leave records

LONG SERVICE LEAVE ACT 1976 - SECT 12

Long service leave records

    (1)     An employer commits an offence if the employer does not, for each employee, keep a record of—

        (a)     the name, occupation and classification of the employee; and

        (b)     whether the employee is full-time, part-time or casual; and

        (c)     the employee's ordinary remuneration, including the base rate of pay and any loading payable to the employee, and the purpose of the loading; and

        (d)     the number of hours the employee works each week; and

        (e)     the date when the employee starts as an employee; and

        (f)     any annual leave the employee takes; and

        (g)     the employee's entitlement to long service leave; and

        (h)     long service leave granted, or payment instead of leave made, to the employee; and

              (i)     if the person ceases to be employed by the employer—the date when, and reason, the employee ceases to be employed; and

        (j)     the employee's date of birth; and

        (k)     if overtime may be paid to the employee under an award or agreement—

              (i)     the number of hours the employee works each day; and

              (ii)     when the employee starts and stops work; and

        (l)     the name of each award or agreement under which the employee has entitlements.

Maximum penalty: 20 penalty units.

    (2)     An employer must keep a record made under subsection (1) for an employee—

        (a)     if the employee's service ends on the employee's death—for 7 years after the day all amounts owing to the employee's legal personal representative are paid; and

        (b)     in any other case—for 7 years after the day the employee's service ends.

Maximum penalty: 20 penalty units.

    (3)     An employer commits an offence if—

        (a)     an authorised officer asks to inspect a record kept for this section; and

        (b)     the employer does not make the record available for inspection by the authorised officer at the employer's usual place of business during hours when the employer's business is normally conducted at the place.

Maximum penalty: 50 penalty units.

    (4)     An offence against this section is a strict liability offence.