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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.33

Records -- pay

         (1)   For subsection 535 (1) of the Act, a kind of employee record that an employer must make and keep is a record that specifies:

                (a)    the rate of remuneration paid to the employee; and

               (b)    the gross and net amounts paid to the employee; and

                (c)    any deductions made from the gross amount paid to the employee.

         (2)   If the employee is a casual or irregular part-time employee who is guaranteed a rate of pay set by reference to a period of time worked, the record must set out the hours worked by the employee.

         (3)   If the employee is entitled to be paid:

                (a)    an incentive-based payment; or

               (b)    a bonus; or

                (c)    a loading; or

               (d)    a penalty rate; or

                (e)    another monetary allowance or separately identifiable entitlement;

the record must set out details of the payment, bonus, loading, rate, allowance or entitlement.

Note    Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.



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