Commonwealth Numbered Regulations

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.42

         (1)   For subsection 535 (3) of the Act, an employer must make a copy of an employee record available for inspection and copying on request by the employee or former employee to whom the record relates.

         (2)   The employer must make the copy available in a legible form to the employee or former employee for inspection and copying.

         (3)   If the employee record is kept at the premises at which the employee works or the former employee worked, the employer must:

                (a)    make the copy available at the premises within 3 business days after receiving the request; or 

               (b)    post a copy of the employee record to the employee or former employee within 14 days after receiving the request.

         (4)   If the employee record is not kept at the premises at which the employee works or the former employee worked, the employer must, as soon as practicable after receiving the request.

                (a)    make the copy available at the premises; or 

               (b)    post a copy of the employee record to the employee or former employee.

Note    Under the Act, an inspector is also permitted to inspect and copy an employee record for the purposes of the Act. The inspector may also require the production of the employee record.