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Record Keeping Checklist (Fair Work Act)

Version 1.0 Updated 20 Feb 2018
Forms & Checklists Separation

Who can use this checklist?

This document can be used by all employers throughout Australia, except the following excluded employers:

  • Non-constitutional corporation employers in Western Australia;
  • State public sector employees (i.e. employees of a Minister, the Governor, or the Crown); and
  • Local Government employers — except in Tasmania.

Excluded employers who wish to use this document are not precluded from doing so, but they should first obtain legal advice.

Commentary

The Record Keeping Checklist is a useful tool that aims to assist employers to address what records they are required to keep under the Fair Work Act (Cth) (Act) and the Fair Work Regulations 2009 (Cth) (Regulations).The checklist also includes a number of items that employers are not legislatively obliged to keep, but which it is recommended employers keep as a matter of best practice as they relate to particular employee entitlements.

Specifically, the checklist addresses leave records, pay slips, hours of work, basic employment details, overtime, cashed out leave, superannuation contributions, individual flexibility agreements, guarantee of annual earnings, termination of employment, transfer of business, and flexibility requests.

Failure to comply with the Act and Regulations could result in fines being imposed by the prosecuting entity including the Fair Work Ombudsman, union or employee. Failure to keep superannuation records may also breach superannuation law and result in penalties.

In addition to the use of the checklist, it is recommended that employers also consider additional requirements as contained in contracts of employment, applicable awards or agreements, policies, and legislation such as superannuation, migration, taxation, workers’ compensation, and work health and safety legislation.

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