This presentation provides an overview of record keeping and pay slip obligations for employers. It is designed to help business owners and managers understand their rights and obligations.
It covers the following topics:
• What employee records need to be kept?
• Who can inspect employee records?
• Notice periods
• Penalties for non-compliance
• What needs to be included in a pay slip?
• Leave accrual
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Employsure is Australia’s leading workplace relations specialist – providing support with employment relations, HR services, and workplace health & safety. Employsure works alongside employers to set solid foundations for business success. With highly skilled professionals assisting over 24,000 business owners Australia-wide, Employsure provides small to medium-sized businesses with the tools, advice, and assistance to be workplace confident.
Instilling Workplace Confidence
Employsure’s main objective as workplace relations specialists is to give business owners peace of mind when they need it most. This is achieved by providing employers advice on the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards. Employsure clients receive tailored documentation such as employment contracts, policies, and procedures – as well as immediate updates of relevant legislative changes. May the situation present itself, Employsure also provides its clients with representation and legal protection.
Employsure also reviews workplace health and safety processes and documents to identify specific gaps and solutions. Based on this, best practice tools are provided to lay the foundations for ensuring a fair and safe workplace.
In essence, Employsure believes that all business owners, no matter their size, deserve access to comprehensive, quality and honest advice – and support that is scalable to the needs of their business.
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2. Following the introduction of the Fair Work
Amendment (Protecting Vulnerable
Workers) Bill 2017, there is a renewed focus
on employers who do not keep accurate
records.
This presentation outlines record keeping
basics for employers.
Back to basics.
Record keeping
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3. Record
keeping.
Employers are required to maintain
employee records in English, in a form
that is legible and readily accessible to
employees and inspectors.
These records must be accurate and
kept for a period of seven years.
7years
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4. What
employee
records need
to be kept?
• Basic employment details such as the name of the
employer (and ABN, if applicable) and the employee,
and the nature of the employment (e.g. full-time,
part-time, or casual; permanent or temporary).
• The employee’s start date and date of termination.
• Pay records, including that information required to
be included on pay slips.
• If the employee is entitled to overtime pay, records
of any overtime hours worked and paid.
• Any workplace flexibility agreements.
• Arrangements relating to the averaging of hours.
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5. What
employee
records need
to be kept?
• Leave entitlements, including details of leave
accruals and any leave the employee takes, as well
as any agreements to cash out leave (how much was
cashed out and when).
• Details of any superannuation contributions,
including the contribution date, amount, period, the
fund into which the contribution is deposited and
the reason the employer paid into that fund (e.g. a
record showing the employee’s superannuation
fund choice).
• Records relating to the termination of employment,
including the party who initiated termination, the
manner of termination and if notice was provided,
how much.
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6. Who can inspect
employee
records?
Under the Fair Work Act and the Fair
Work Regulations 2009, employers
are required to make a copy of
employee records available for
inspection and copying by:
• Employee to which the record
relates
• Former employee to which the
record relates
• Fair Work Inspectors
In certain circumstances, union
officials may also have the right to
inspect/copy employee records.
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7. How much notice
does an employer
get to provide
employee
records?
On receipt of a request to inspect/copy
records, employers must:
• Provide on-site access within 3 days, or
• Post a copy of the requested records
within 14 days.
3to14
days
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8. Penalties for
non-compliance.
Harsh penalties can be imposed on
employers for failing to comply with
the record keeping obligations in the
Act.
Following changes to the Act in
September 2017:
• Penalties have increased.
• Employers that do not comply with
record keeping obligations and
cannot give a reasonable excuse for
non-compliance will also have to
disprove any wage-related claims in
court.
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9. Pay slips.
Under the Fair Work Act, employers
have an obligation to issue a pay slip to
all employees within one working day of
paying the employee.
Pay slips may be issued in electronic
form, or in hard copy.
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10. What needs to
be included in a
pay slip?
• The employer’s name and ABN.
• The employee’s name.
• The period to which the pay slip relates.
• The date on which the payment was made.
• The employee’s hourly rate and the number of
hours worked, or for salaried employees, the salary
as at the last day in the pay period.
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11. What needs to
be included in a
pay slip?
• The gross and net amounts of the payment, any
bonuses, loadings, allowances, penalty rates,
incentive-based payments or other separately
identifiable amounts.
• Details of any deductions from the employee’s pay.
• Details of any superannuation contributions made
on behalf of the employee.
Have the perfect payslip
As an employer it’s up to you to get
pay slips and record-keeping right.
Read our blog on everything you
need to know to creating the
perfect payslip. Read more.
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12. What about
leave accrual?
• The Act does not require employers
to include information on employee
pay slips relating to leave accruals
(annual leave, personal leave, long
service leave etc.), however, it is
considered best practice to do so.
• Employers are required to provide
employees access to these records
on request.
Attention Victoria!
Watch our latest legislation
update for a summary of
changes to the timeframe for
eligibility for Long Service
Leave in Victoria.
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13. This presentation has provided a quick
overview of record keeping and pay slip
obligations for employers.
For a free easy-to-follow infographic that
sums up all your book keeping and pay slip
obligations, head to our website and
download it today.
To sum it all up.
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14. Navigating workplace
relations can be confusing.
Employsure works directly with employers to ensure they
stay on top of rapidly changing legislation and provide a fair
and safe workplace for their staff.
Get in touch with us today to find out how we can help your
business grow.
To receive the most up-to-date news and small business
information sign up for our Free Monthly Newsletter.
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