Employers obligations

Employer to keep a copy of the award

The Industrial Relations Act 1984 states that all employers must ensure that a copy of the award or registered agreement, as currently in force is readily available for inspection and perusal by those employees; and is displayed in a conspicuous place in the premises in which the employees are employed so as to be easily accessible to those employees.

Requirement for employers to provide payslips

The Industrial Relations Act 1984 requires all employers, from 1 July 2006, to provide a written pay advice for each pay period. Failure to provide the pay advice may leave an employer liable for a penalty of up to 20 penalty units ($2,400).

The pay advice to be provided to employees by the employer must include, as a minimum, the following:

• the name of the employer
• the name of the employee 
• the date and period for which payment is being made 
• the employee’s classification 
• the employee's weekly wage or hourly rate- the number of ordinary hours the employee  worked in the relevant pay period 
• the number of additional or overtime hours worked in the pay period and the rate at which those hours have been paid 
• the amount of any paid leave, including holidays 
• any amount paid as an allowance 
• any other amount included in the gross wage 
• all deductions from the gross wage, including tax 
• the net wage paid 
• the amount of superannuation instalments made on behalf of the employee and the fund into which the amount is paid.

For more information contact the Helpline as below.

NOTE: If employed under a Federal award or industrial agreement there is currently a requirement under the Workplace Relations Act 1996 to provide payslip advice. For further information contact Fair Work Australia www.fwa.gov.au

Records of Employment

Section 75 of the Industrial Relations Act 1984 require an employer to keep records of employment for each employee. These records must contain the details specified in Regulation 27:

(a) the full name of the employer;

(b) the full name and address of each employee;

(c) the date of birth of each employee who is under the age of 21 years;

(d) the nature of the contract of employment;

(e) the class or classes of work performed by each employee and the name of the award, industrial agreement or enterprise agreement that applies to that work;

(f) the number of hours worked by each employee during each day and week and the times during each of those periods at which each employee started and ceased work;

(g) if the relevant award, industrial agreement or enterprise agreement prescribes –

(i) a weekly, daily or hourly rate of wage, details of the rate of wages per week, per day or per hour at which each employee is paid; or

(ii) piecework rates, details of the piecework performed and the rate at which payment is made to each employee;

(h) the gross and net amounts of wages paid to each employee and details of deductions made from those wages;

(i) the date on which each employee commenced employment and, where appropriate, the date of termination of the employment;

(j) details of annual leave credited or granted, annual leave payments, sick leave credited or granted and sick leave payments to each employee;

(k) details of any payments made by the employer into a superannuation fund prescribed by an award, industrial agreement or enterprise agreement on behalf of each employee;

(l) such other particulars as may be necessary to show that the hours of work, rates of pay and general conditions of employment prescribed by the relevant award, industrial agreement or enterprise agreement are being complied with.

For current employees the records must cover the previous 12-month period and must be kept for 12 months after the employee leaves the employment. If the business is sold the records of existing employees must be passed on to the new business owner.

The Long Service Leave Act 1976 also requires employers to keep a record for the purposes of calculating an entitlement to Long Service Leave.