Commonwealth Numbered Regulations

1992 No. 274 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) - REG 2

2.1 After regulation 131, insert:

"PART 9A-RECORDS BY EMPLOYERS Records relating to employees-section 353A of
the Act

"131A. (1) An employer who employs an employee under an award (other than an
award to which a certificate under regulation 131P applies) must make, or
cause to be made, a record in accordance with this Part. Penalty: $1,000.

"(2) Subject to regulation 131N, an employer must keep, or cause to be kept,
an entry in a record:

   (a)  in the case of a particular of a kind mentioned in regulation 131D or
        paragraph 131H(f)-for a continuous period of 7 years after the date on
        which:

        (i)    the entry is changed; or

        (ii)   the employee's employment with the employer is terminated;
               whichever happens first; or

   (b)  in any other case-for a continuous period of seven years after the
        date on which the entry is made. Penalty: $1,000. Records to show
        whether award conditions complied with

"131B. A record must be in a condition that allows an inspector to find out
whether the award conditions are being complied with in relation to the
employee to whom the record relates. Form of records

"131C. A record must be:

   (a)  in a legible form in the English language; or

   (b)  in a form that is readily accessible and is convertible into a legible
        form in the English language. Contents of records-general

"131D. A record relating to an employee must contain the following
particulars:

   (a)  the name of the employer; and

   (b)  the name of the employee; and

   (c)  the date of birth of the employee as provided by the employee; and

   (d)  the name of each award under which the employee has entitlements; and

   (e)  the classification of the employee under the award; and

   (f)  whether the employee's employment under the award is:

        (i)    full-time; or

        (ii)   part-time; and

   (f)  whether the employee's employment under the award is:

        (i)    permanent; or

        (ii)   temporary; or

        (ii)   casual; and

   (g)  the date on which the employee's employment began. Contents of
        records-overtime

"131E. If overtime may be paid under the award to the employee-the record
relating to the employee must state the number of hours worked by the employee
during each day when the employee started and ceased work. Contents of
records-remuneration

"131F. If the award provides for a rate of remuneration of the employee-the
record relating to the employee must state the rate of remuneration at which
the employee is paid, including the gross and net amounts paid, and the
deductions made from that remuneration. Contents of records-leave

"131G. If the award provides for leave of any kind, the record relating to the
employee must state details of:

   (a)  the leave taken by the employee; and

   (b)  the employee's entitlement from time to time to that leave; and

   (c)  accrual of leave. Contents of records-superannuation contributions

"131H. If the award provides for superannuation contributions to be made by
the employer for the benefit of the employee, the record relating to the
employee must state:

   (a)  details of steps taken to make known and give effect to a choice of
        fund to which contributions may be made by the employee; and

   (b)  the amount of the contributions made; and

   (c)  the period over which the contributions are made; and

   (d)  when the contributions are made; and

   (e)  the name of the fund or funds to which the contributions were made;
        and

   (f)  the basis on which the employer became liable to make the
        contributions, including:

        (i)    the keeping of a record of any election as to the fund to which
               contributions are to be made; and

        (ii)   the date of any relevant election; and

        (iii)  the name of the person who made each relevant election.
               Contents of records-termination of employment

"131J. If the employee's employment is terminated, the record relating to the
employee must state :

   (a)  whether the employment was terminated:

        (i)    by consent; or

        (ii)   by notice; or

        (iii)  summarily; or

        (iv)   in some other manner, specifying the manner;

   (b)  the name of the person who acted to terminate the employment.
        Alteration and correction of records

"131K. (1) Except in accordance with subregulation (2) or (3), an employer
must not alter a record or allow a record to be altered.
Penalty:   $1,000.


"(2) An employer must correct any error in a record as soon as the employer
becomes aware of the error.
Penalty:   $1,000.


"(3) An employer who corrects an error in a record must record the nature of
the error with the correction. Penalty: $1,000. Inspection and copying of
records

"131L. (1) An employer must make a copy of a record available, in accordance
with subregulations (2) and (3), on request by:

   (a)  the employee, or the former employee, to whom the record relates; or

   (b)  an officer of an organisation, mentioned in section 286 of the Act,
        that would be entitled to bring proceedings under section 178 of the
        Act for breach of the award in relation to the employee or the former
        employee; or

   (c)  an inspector. Penalty: $1,000.

"(2) The employer must make the copy available in a legible form in the
English language to the person specified in the request or, if no person is
specified, to the person making the request, for inspection and copying.

"(3) The employer must make the copy available:

   (a)  if the record is kept at the premises where the employee works or, in
        the case of a former employee, where the former employee last worked
        for the employer-forthwith at those premises; or

   (b)  in any other case-within 14 days:

        (i)    at those premises; or

        (ii)   at other premises within 25 kilometres of those premises; or

        (iii)  at premises agreed between the employer and the person making
               the request. Information concerning records

"131M. (1) An employer to whom subregulation 131K(1) applies must tell a
person entitled to inspect and copy a record, on request, where records
relating to an employee, or a class of employees, are kept.
Penalty:   $1,000.


"(2) The person may interview the employer, or a representative of the
employer, at any time during ordinary working hours, about a record made or to
be made by the employer.

"(3) The employer must give reasonable assistance to the person in the conduct
of the interview. Penalty: $1,000. Transfer and assignment of business

"131N. (1) This regulation applies if an employer (the 'former employer')
transfers or assigns the business or a part of the business in which the
employee is employed and the employee becomes an employee of the transferee or
assignee (the 'new employer').

"(2) The former employer must transfer to the new employer all records
concerning the employee that, at the date of transfer or assignment, the
former employer is required under regulation 131A to keep. Penalty: $1,000.

"(3) The new employer who receives transferred records must keep the
transferred records as if they had been made by the new employer at the time
they were made by the former employer. Penalty: $1,000.

"(4) The new employer is not required to make records of anything occurring in
the course of an employee's employment with the former employer. Award
provisions relating to records

"131P. (1) The Commission may issue a certificate stating that an award
complies with this Part if the Commission is satisfied that the award contains
a condition for the keeping of records that are reasonably comparable to
records of the kind mentioned in regulation 131A.

"(2) In the case of the Commonwealth, 'award' is taken to include:

   (a)  a relevant law of the Commonwealth; and

   (b)  relevant administrative or industrial arrangements and practices.

"(3) The Commission may issue a certificate on its own motion or at the
request of the relevant employer.

"(4) A certificate applies to an award only if the employer keeps records in
accordance with the award.

"Records"- extended meaning

"131Q. In regulations 131K, 131L, 131M and 131N, 'record' is taken to include
a record kept under a condition of an award if a certificate under regulation
131P applies to the award. Offences

"131R. (1) Nothing in this Part makes the Crown in right of the Commonwealth,
a State or a Territory liable to prosecution.

"(2) An act or omission that occurs on or before 1 December 1992 is not an
offence under this Part.".