Employers have a legal obligation under the Fair Work Act 2009 and the Fair Work Regulations 2009 to keep accurate and complete time and wages records and to issue pay slips to each employee.

Employee records must legally be kept for a period of 7 years from the date an entry in an employee's record is changed, or 7 years from the date the employee's employment is terminated. An employee record that is made and kept by an employer must be:

(a) In a legible form and in the English language; and
(b) In a form that is readily accessible to an inspector.

The Fair Work legislation requires that employee records and pay slips contain specific information. These requirements are designed to ensure that workers receive their correct wages and conditions under the legislation.

In addition, other instrument such as Awards, place documentary obligations on employers that also must be met.

Fair Work Inspectors can issue employers with an infringement notice for failing to meet pay slip and record keeping requirements under the legislation. The maximum fines payable from an infringement notice are:

$1,260.00 per contravention – for an individual
$6,300.00 per contravention – for a body corporate
If an employers failure to meet their legal obligations is serious, wilful or repetitive, Fair Work Inspectors may seek to prosecute the employer in institute legal proceedings. In recent times, a number of hospitality employers have faced prosecution and heavy penalties for breaching provisions of the Fair Work Act 2009.

For the nominal rate of $205.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake an Industrial Relations Compliance Audit and advice you about any areas of non-compliance that require attention. Charles will also provide recommendations for the improvement of your employment relations recording practices.

We can also provide an estimate of our fees!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher.

* a higher hourly rate applies for non members.