Western Australian Consolidated Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 - SECT 44

44 .         Employment records to be kept by employer

        (1)         Subsection (2) does not apply to an employee during any period when the employee’s contract of employment is governed by an employer-employee agreement or an award.

        (2)         An employer must ensure that details are recorded of — 

            (a)         the employee’s name and, if the employee is under 21 years of age, his or her date of birth;

            (aa)         the date on which the employee commenced employment with the employer;

            (ab)         the total number of hours worked by the employee in each week of the employee’s employment with the employer unless the employee’s contract of employment provides for an annual salary exceeding $45 000 or the salary specified, or worked out in a manner specified, by the regulations;

            (b)         the gross and net amounts paid to the employee under the contract of employment, and all deductions and the reasons for them;

            (c)         all leave taken by the employee, whether paid, partly paid or unpaid;

            (ca)         such details as are necessary for the calculation of the entitlement to, and payment for, long service leave under the Long Service Leave Act 1958 ; and

            (d)         other matters prescribed by the regulations.

        (3)         The employer must ensure that — 

            (a)         the records are kept in accordance with the regulations; and

            (b)         each entry in relation to long service leave is retained during the employment of the employee and for not less than 7 years thereafter, and any other entry is retained for not less than 7 years after it is made.

        (4)         A contravention of subsection (3) is not an offence but that subsection is a civil penalty provision for the purposes of section 83E of the IR Act.

        (5)         Subsection (4) extends to a contravention that occurred within the period of 12 months ending on the coming into operation of section 40 of the Labour Relations Legislation Amendment Act 2006 unless the employer was charged with an offence in respect of that contravention.

        [Section 44 amended by No. 79 of 1995 s. 64; No. 20 of 2002 s. 22(7) and 176; No. 36 of 2006 s. 40; amended in Gazette 15 Aug 2003 p. 3688.]