Commonwealth Consolidated Acts

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Presumption where records not provided

  (1)   If:

  (a)   in proceedings relating to a contravention by an employer of a civil remedy provision referred to in subsection   (3), an applicant makes an allegation in relation to a matter; and

  (b)   the employer was required:

  (i)   by subsection   535(1) or (2) to make and keep a record; or

  (ii)   by regulations made for the purposes of subsection   535(3) to make available for inspection a record; or

  (iii)   by subsection   536(1) or (2) to give a pay slip;

    in relation to the matter; and

  (c)   the employer failed to comply with the requirement;

the employer has the burden of disproving the allegation.

  (2)   Subsection   (1) does not apply if the employer provides a reasonable excuse as to why there has not been compliance with subsection   557C(1)(b).

  (3)   The civil remedy provisions are the following:

  (a)   section   44 (which deals with contraventions of the National Employment Standards);

  (b)   section   45 (which deals with contraventions of modern awards);

  (c)   section   50 (which deals with contraventions of enterprise agreements);

  (d)   section   280 (which deals with contraventions of workplace determinations);

  (e)   section   293 (which deals with contraventions of national minimum wage orders);

  (f)   section   305 (which deals with contraventions of equal remuneration orders);

  (g)   subsection   323(1) (which deals with methods and frequency of payment);

  (h)   subsection   323(3) (which deals with methods of payment specified in modern awards or enterprise agreements);

  (i)   subsection   325(1) (which deals with unreasonable requirements to spend or pay amounts);

  (j)   any other civil remedy provisions prescribed by the regulations.

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