FAIR WORK REGULATIONS 2009 - REG 3.36 Records--leave

FAIR WORK REGULATIONS 2009 - REG 3.36

  (1)   For subsection   535(1) of the Act, if an employee is entitled to leave, a kind of employee record that the employer must make and keep is a record that sets out:

  (a)   any leave that the employee takes; and

  (b)   the balance (if any) of the employee's entitlement to that leave from time to time.

  (2)   If an employer and employee agree to cash out an accrued amount of leave:

  (a)   a copy of the agreement is a kind of employee record that the employer must make and keep; and

  (b)   a kind of employee record that the employer must make and keep is a record that sets out:

  (i)   the rate of payment for the amount of leave that was cashed out; and

  (ii)   when the payment was made

Note:   Subsection   535(1) of the Act is a civil remedy provision. Section   558 of the Act and Division   4 of Part   4 - 1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.