Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 535

  (1)   An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (2)   The records must:

  (a)   if a form is prescribed by the regulations--be in that form; and

  (b)   include any information prescribed by the regulations.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (3)   The regulations may provide for the inspection of those records.

Note:   If an employer fails to comply with subsection   (1), (2) or (3), the employer may bear the burden of disproving allegations in proceedings relating to a contravention of certain civil remedy provisions: see section   557C.

  (4)   An employer must not make or keep a record for the purposes of this section that the employer knows is false or misleading.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (5)   Subsection   (4) does not apply if the record is not false or misleading in a material particular.