South Australian Numbered Acts South Australian Numbered Acts48—Amendment of section 102—Records to be kept
(1) Section
102(1)—delete "who is bound by an award or enterprise agreement must,
subject to subsection (6), keep for employees to whom the award of agreement
applies" and substitute:
must, subject to subsections (6) and (7), keep for all employees
(2) Section
102(2)—delete subsection (2) and substitute:
(2) The records must
be kept in the English language.
Maximum penalty: $2 500.
Expiation fee: $160.
(2a) The records may
be kept in writing or in electronic form.
(2b) The information
kept in the time book must be verified as follows:
(a) if
the time book is kept in writing, it must, if practicable, be verified by
signature of the employee on, or as soon as possible after, each pay day and
the signature constitutes evidence of the correctness of the entries;
(b) if
the time book is kept electronically, a printout of the relevant entries must,
if practicable, be verified by signature of the employee on, or as soon as
possible after, each pay day and the employer must keep the signed printouts
as evidence of the correctness of the entries.
Maximum penalty: $1 250.
Expiation fee: $105.
(3) Section
102(3)—delete "six years" and substitute:
7 years
(4) Section
102(4)—after paragraph (b) insert:
(c) at
the reasonable request of an inspector, produce reasonable evidence of the
payment of wages and details of how the amounts of the payments were
calculated and details of any amounts that remained unpaid and how they are
calculated.
(5) Section
102—after subsection (5) insert:
(5a) On the
transmission of the records, the employer's obligations in relation to the
records passes to the transferee or assignee.
(6) Section
102(7)—delete subsection (7) and substitute:
(7) The requirement to
keep a time book does not apply with respect to any employee who is not paid
on an hourly basis, or on a basis under which the employee's remuneration
varies according to the time worked.
(8) When an employer
makes a payment of wages, the employer must provide the employee with a pay
slip showing—
(a) the
name of the employer; and
(b) the
amount of the payment; and
(c) the
period of employment to which the payment relates; and
(d) if
the employee is paid on an hourly basis, or on a basis on which the rate of
pay varies according to the time worked—
(i)
the number of hours worked by the employee during the
period to which the payment relates (distinguishing between ordinary time and
overtime); and
(ii)
the rate or rates of pay on which the payment is based;
and
(e) if
the employer has made a contribution to a superannuation fund for the benefit
of the employee - the name of the fund to which the contribution was made and
the amount of the contribution.
Maximum penalty: $1 250.
Expiation fee: $105.