FAIR WORK ACT 1994 - SECT 102
FAIR WORK ACT 1994 - SECT 102
(1) An employer must,
subject to subsections (6) and (7), keep for all employees—
(a) a
record of the names and addresses of the employees; and
(b) a
record (a "time book") in which are entered as far as practicable—
(i)
each employee's times of beginning and ending work on
each day (including a note of time allowed for meals and other breaks); and
(ii)
the wages paid to each employee and the date of each
payment of wages; and
(c) a
record of annual leave, sick leave, parental leave and long service leave
granted to each employee; and
(d) a
record of the date of birth of employees under 21 years of age; and
(e)
other records prescribed by regulation.
Maximum penalty: $2 500.
Expiation fee: $160.
(2) The records must
be kept in the English language.
Maximum penalty: $2 500.
Expiation fee: $160.
(2a) The records may
be kept in writing or in electronic form.
(2b) The information
kept in the time book must be verified as follows:
(a) if
the time book is kept in writing, it must, if practicable, be verified by
signature of the employee on, or as soon as possible after, each pay day and
the signature constitutes evidence of the correctness of the entries;
(b) if
the time book is kept electronically, a printout of the relevant entries must,
if practicable, be verified by signature of the employee on, or as soon as
possible after, each pay day and the employer must keep the signed printouts
as evidence of the correctness of the entries.
Maximum penalty: $1 250.
Expiation fee: $105.
(3) An employer must
retain a record kept under this section for 7 years after the date of the last
entry made in it.
Maximum penalty: $2 500.
Expiation fee: $160.
(4) An employer
must—
(a) at
the reasonable request of an employee or former employee, produce a record
relating to the employee or former employee kept under this section and permit
the employee or former employee to make copies of, or take extracts from, the
record; or
(b) at
the reasonable request of an inspector, produce a record relating to a
specified employee or former employee kept under this section and permit the
inspector to make copies of, or take extracts from, the record; or
(c) at
the reasonable request of an inspector, produce reasonable evidence of the
payment of wages and details of how the amounts of the payments were
calculated and details of any amounts that remained unpaid and how they are
calculated.
Maximum penalty: $2 500.
Expiation fee: $160.
(5) When a business,
or part of a business, is transferred or assigned, the transferor or assignor
must transmit to the transferee or assignee all records referred to in this
section relating to employees who become employees of the transferee or
assignee.
Maximum penalty: $1 250.
Expiation fee: $105.
(5a) On the
transmission of the records, the employer's obligations in relation to the
records passes to the transferee or assignee.
(6) An award or
enterprise agreement may direct that, in relation to some or all of the
persons bound by the award or agreement—
(a) a
time book need not be kept; or
(b)
specified information need not be included in the time book.
(7) The requirement to
keep a time book does not apply with respect to any employee who is not paid
on an hourly basis, or on a basis under which the employee's remuneration
varies according to the time worked.
(8) When an employer
makes a payment of wages, the employer must provide the employee with a pay
slip showing—
(a) the
name of the employer; and
(b) the
amount of the payment; and
(c) the
period of employment to which the payment relates; and
(d) if
the employee is paid on an hourly basis, or on a basis on which the rate of
pay varies according to the time worked—
(i)
the number of hours worked by the employee during the
period to which the payment relates (distinguishing between ordinary time and
overtime); and
(ii)
the rate or rates of pay on which the payment is based;
and
(e) if
the employer has made a contribution to a superannuation fund for the benefit
of the employee—the name of the fund to which the contribution was made
and the amount of the contribution.
Maximum penalty: $1 250.
Expiation fee: $105.