South Australian Consolidated Acts

LONG SERVICE LEAVE ACT 1987 - SECT 10

10—Records

        (1)         An employer must, in respect of each worker, keep a record of—

            (a)         the worker's—

                  (i)         date of commencement of service;

                  (ii)         occupation or duties;

                  (iii)         rate of pay;

                  (iv)         number of hours worked per week (insofar as may be relevant to the worker's entitlement under this Act);

                  (v)         entitlement to long service leave; and

            (b)         any long service leave taken by the worker; and

            (ba)         any payment made to the worker by agreement in lieu of long service leave; and

            (c)         when the service of the worker is terminated—

                  (i)         the manner of termination; and

                  (ii)         any payment made to the worker in lieu of long service leave.

Penalty: $1 000.

        (2)         The record required to be kept under subsection (1)—

            (a)         must be in a form that complies with the regulations; and

            (b)         must contain any additional particulars required by the regulations; and

            (c)         must be kept throughout the period of the worker's service and for at least three years after the termination of that service.

        (2a)         An employer who agrees to make a payment to a worker in lieu of long service leave must—

            (a)         cause the agreement to be recorded in writing and signed by the employer and the worker; and

            (b)         give a copy of the signed written record of the agreement to the worker; and

            (c)         keep the signed written record of the agreement for the period referred to in subsection (2)(c).

Penalty: $1 000.

        (3)         An employer must in respect of each worker, at intervals of 12 months, determine the average number of hours per week worked by the worker over the preceding period of 12 months.

        (4)         Where there is a change in a worker's employment from one related employer to another—

            (a)         the former employer must transmit to the other employer all records kept under this section relating to that worker; and

            (b)         the other employer must retain those records in accordance with this Act (but otherwise is not responsible for any deficiency in a record that relates to a period of service before the change in employment).

Penalty: $1 000.

        (5)         A worker is entitled during normal office hours to inspect any record relating to the worker kept by his or her employer under this section.

        (6)         Where a worker has been granted long service leave, the employer must, before the leave is taken, give to the worker a statement in the prescribed form setting out the number of days of leave to be taken and the number of days of leave (if any) that will remain due to the worker at the conclusion of the leave.

Penalty: $200.

        (7)         When a payment is made to a worker by agreement in lieu of long service leave, the employer must give to the worker a statement in the prescribed form setting out the period of leave in lieu of which the payment is made and the number of days (if any) that will remain due to the worker after the payment is made.

Penalty: $200.