Record Keeping By Employers

Employers who engage employees under relevant federal workplace laws are required to:

  • make and keep accurate and complete records for all of their employees (e.g. time worked and wages paid); and
  • issue pay slips to each employee.

These record-keeping and pay slip obligations are designed to ensure that employees receive their correct wages and entitlements.

Employee records must:

  • be in a form that is readily accessible to a Fair Work Inspector;
  • be in a legible form and in English (preferably in plain, simple English);
  • be kept for seven years;
  • not be altered unless for the purposes of correcting an error; and
  • not be false or misleading to the employer’s knowledge.

Employee records are private and confidential. Generally, no one can access them other than the employee, their employer, and relevant payroll staff.

Employers must make copies of an employee’s records available at the request of an employee or former employee.

However, Fair Work Inspectors and organisation officials (such as a trade union) may access employee records (including personal information) to determine if there has been a contravention of relevant Commonwealth workplace laws.

Tim Hayter, Principal, Mid West Lawyers

This information is general in nature and should not be relied upon as legal advice. Formal legal advice should be sought for your particular circumstances.