FAIR WORK ACT 2009 - SECT 536 Employer obligations in relation to pay slips

FAIR WORK ACT 2009 - SECT 536

  (1)   An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work.

Note 1:   This subsection is a civil remedy provision (see Part   4 - 1).

Note 2:   Section   80 of the Paid Parental Leave Act 2010 requires an employer to give information to an employee to whom the employer pays an instalment under that Act.

  (2)   The pay slip must:

  (a)   if a form is prescribed by the regulations--be in that form; and

  (b)   include any information prescribed by the regulations; and

  (c)   not include any information prescribed by the regulations in relation to paid family and domestic violence leave; and

  (d)   comply with any requirements prescribed by the regulations in relation to the reporting of paid family and domestic violence leave.

Note 1:   This subsection is a civil remedy provision (see Part   4 - 1).

Note 2:   If an employer fails to comply with subsection   (1) or (2), the employer may bear the burden of disproving allegations in proceedings relating to a contravention of certain civil remedy provisions: see section   557C.

  (3)   An employer must not give a pay slip for the purposes of this section that the employer knows is false or misleading.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (3A)   A pay slip is not false or misleading merely because it complies with regulations made for the purposes of paragraph   (2)(d).

  (4)   Subsection   (3) does not apply if the pay slip is not false or misleading in a material particular.