Keeping Records is Everyone’s Responsibility
Posted
It is every employer’s responsibility to keep adequate records relating to an employee’s employment. A recent published decision brought by the Fair Work Ombudsman (FWO) is a healthy reminder that failure to do so carries hefty penalties to not only the company but individuals who are found to have been involved or taken part in the contravention.
The Decision
La La Bar Group (Employer) and their former accounting firm, Nicholas Accounting Management Services were fined a collective total of $137, 435 for failing to comply with record-keeping requirements under the Fair Work Act 2009 (Cth) (the Act). Individual directors and general managers were fined in an act to deter parties and other business operators from similar failures and conduct.
The Court found the Employer guilty of failing to make and keep records for seven years the actual hours work by employees and any records which set out entitlements to loadings, allowances, or penalty rates. As a result of this failure the Employer and Nicholas Accounting were found guilty of failing to comply with the notice to produce records, issued by the FWO Inspector. Which resulted in individual fines to the directors and general managers of the respective companies.
The Obligations
Under the Act all employers are required to keep accurate, legible, and complete records for all employees and issue pay slips to each employee. These records are not to be altered, false or misleading and must also be readily accessible to a Fair Work Inspector. Records are to be kept for 7 years.
The Information
The Fair Work Regulations 2009 (Cth) (Regulations), requires an employer to make and keep record of employee’s information including, but not limited to–
- Name of the employer and employee
- Employment type (full time, part time, casual) and if it is permanent, temporary or casual
- Employment start date
- Rate of remuneration
- Loadings, allowances and or penalty rates; and
- Overtime hours worked where a penalty rate is applicable.
If you have questions about what your record keeping obligations are under the Act or the Regulations, please each out to the Workplace Relations and Legal Team on 02 6175 5950.
