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What records must my employer keep and give me?

47 quoted answers, each with its source

The short answer

Under the Fair Work Act, employers must make and keep employee records of the prescribed kind for 7 years, and must not make or keep records they know are false or misleading or advertise employment at a rate that would contravene the Act or a fair work instrument. Pay slips must be given within one working day of paying an employee for work, in electronic form or hard copy, and electronic pay slips must have the same information as paper pay slips; they must not mention paid family and domestic violence leave, including any leave taken and leave balances, and an employer must not give a pay slip it knows is false or misleading. Time and wages records must be legible, in English, and readily accessible to a Fair Work Inspector, cannot be changed except to correct an error, and must be made available to an employee who asks, including after employment ends; employers must tell employees their leave balances if asked, but showing leave balances on a pay slip is not required. Fair Work Inspectors can issue infringement notices for not issuing pay slips at all or within one working day; in some cases, employers who have not given pay slips or kept records or made records available for inspection may have to prove to a court they did not underpay an employee, and in 2024-25 the Fair Work Ombudsman issued 743 infringement notices and 1,220 compliance notices and reported that poor record-keeping and incorrect pay slips continue to be a major problem.

Every part of this comes from the quotes below. How we write these.

What the rules actually say38

Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.

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The Fair Work Ombudsman states that pay slips have to be given to an employee…

  • within 1 working day of pay day.
  • even if the employee is on leave.
first-party
1 quote from 1 source
Pay slips have to be given to an employee within 1 working day of pay day, even if an employee is on leave.
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  • Pay slips have to be in either electronic form or hard copy.
  • Electronic pay slips must have the same information as paper pay slips.
first-party
1 quote from 1 source
Pay slips have to be in either electronic form or hard copy. Electronic pay slips must have the same information as paper pay slips.
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The Fair Work Ombudsman states that employers have to keep time and wages records for 7 years.

first-party
1 quote from 1 source
Employers have to keep time and wages records for 7 years.
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The Fair Work Ombudsman states that time and wages records have to be…

  • readily accessible to a Fair Work Inspector.
  • legible.
  • in English.
first-party
4 quotes from 1 source
Time and wages records have to be:
readily accessible to a Fair Work Inspector (FWI)
legible
in English.
#

Time and wages records cannot be changed unless the change is to correct an error.

first-party
2 quotes from 1 source
Time and wages records can’t be:
changed unless the change is to correct an error
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The Fair Work Ombudsman states that…

  • showing an employee's leave balances on their pay slip is best practice.
  • showing an employee's leave balances on their pay slip is not a requirement.
  • employers need to tell employees their leave balances when the employees ask for them.
first-party
2 quotes from 1 source
While it's best practice to show an employee's leave balances on their pay slip, it’s not a requirement.
Employers do need to tell employees their leave balances if they ask for it.
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The Fair Work Ombudsman states that pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances.

first-party
1 quote from 1 source
However, pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances.
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The Fair Work Ombudsman states that Fair Work Inspectors can give employers a fine, called an infringement notice, if employers do not issue pay slips at all or within 1 working day of paying employees.

first-party
2 quotes from 1 source
Fair Work Inspectors can give employers a fine, called an infringement notice , if they:
don't issue pay slips at all or within 1 working day of paying employees.
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The Fair Work Ombudsman states that in some cases employers who have not given pay slips may have to prove to a court that they didn't underpay an employee.

first-party
1 quote from 1 source
In some cases, employers who have not given pay slips may have to prove to a court that they didn't underpay an employee.
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The Fair Work Ombudsman states that in some cases employers who haven't kept records or made records available for inspection may have to prove to a court they didn't underpay an employee.

first-party
1 quote from 1 source
In some cases employers who haven't kept records or made records available for inspection may have to prove to a court they didn't underpay an employee.
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The Fair Work Ombudsman states that an employer must make an employee's records available to the employee…

  • if the employee asks to see them.
  • after the employee has ceased employment, if the employee asks to see them.
first-party
1 quote from 1 source
If an employee asks to see their records, an employer must make them available. This includes after an employee has ceased employment.
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The Fair Work Ombudsman states that it is unlawful for employers to…

  • make employment records that they know are false or misleading.
  • keep employment records that they know are false or misleading.
first-party
1 quote from 1 source
It is unlawful for employers to make or keep employment records that they know are false or misleading.
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The Fair Work Ombudsman cites Fair Work Act 2009 sections 536 and 539 and Fair Work Regulations 2009 regulations 3.45-3.48 and 4.04 as the source reference for its pay slips page.

first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 536, 539 and Fair Work Regulations 2009 regulations 3.45–3.48, 4.04
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The Fair Work Ombudsman cites Fair Work…

  • Act 2009 sections 535 and 539 as the source reference for its record-keeping page.
  • Regulations 2009 regulations 3.31-3.44 and 4.04 as the source reference for its record-keeping page.
first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 535, 539 and Fair Work Regulations 2009 regulations 3.31–3.44, 4.04
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The Fair Work Ombudsman states that where there has been a transfer of business the old employer has to give the new employer records of any transferring employee.

first-party
1 quote from 1 source
Where there has been a transfer of business, the old employer has to give the new employer records of any transferring employee.
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The Fair Work Ombudsman states that…

  • employee records are private and confidential.
  • only the employer, payroll staff, the employee and authorised individuals such as an accountant can access employee records.
first-party
1 quote from 1 source
Employee records are private and confidential. Only the employer, payroll staff, the employee and authorised individuals, such as an accountant, can access the records.
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The Fair Work Ombudsman states that it's unlawful for employers to give pay slips that they know are false or misleading.

first-party
1 quote from 1 source
It’s unlawful for employers to give pay slips that they know are false or misleading.
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Concerning pay slips and records, a record an employer has to keep for ending employment must include…

  • how the employment was terminated.
  • the name of the person who terminated the employment.
first-party
2 quotes from 1 source
how the employment was terminated, for example by agreement, notice, summarily, or in some other way (specifying details)
the name of the person who terminated the employment.
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Fair Work Act 2009 section 535(1) requires an employer to make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.

first-party
3 quotes from 1 source
An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.
This subsection is a civil remedy provision (see Part 4‑1).
535 Employer obligations in relation to employee records (1) An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.
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Fair Work Act 2009 section 535(1) notes that section 535(1) is a civil remedy provision.

first-party
2 quotes from 1 source
An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.
This subsection is a civil remedy provision (see Part 4‑1).
#

Fair Work Act 2009 section 535(4) prohibits an employer making or keeping a record for the purposes of that section that the employer knows is false or misleading.

first-party
3 quotes from 1 source
An employer must not make or keep a record for the purposes of this section that the employer knows is false or misleading.
535 Employer obligations in relation to employee records (1) An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees. Note: This subsection is a civil remedy provision (see Part 4‑1). (2) The records must: (a) if a
(4) An employer must not make or keep a record for the purposes of this section that the employer knows is false or misleading.
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Fair Work Act 2009 section 536(1) requires an employer to give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work.

first-party
3 quotes from 1 source
An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work.
This subsection is a civil remedy provision (see Part 4‑1).
536 Employer obligations in relation to pay slips (1) An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work.
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Fair Work Act 2009 section 536(2) requires a pay slip to exclude information prescribed by the regulations in relation to paid family and domestic violence leave.

first-party
7 quotes from 1 source
The pay slip must:
(a) if a form is prescribed by the regulations—be in that form; and
(b) include any information prescribed by the regulations; and
(c) not include any information prescribed by the regulations in relation to paid family and domestic violence leave; and
(d) comply with any requirements prescribed by the regulations in relation to the reporting of paid family and domestic violence leave.
536 Employer obligations in relation to pay slips (1) An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work. Note 1: This subsection is a civil remedy provision (see Part 4‑1). Note 2: Section 80
(2) The pay slip must: (a) if a form is prescribed by the regulations—be in that form; and (b) include any information prescribed by the regulations; and (c) not include any information prescribed by the regulations in relation to paid family and domestic violence leave; and (d) comply with any requirements prescribed by the regulations in relation to the reporting of paid family and domestic violence leave.
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Fair Work Act 2009 section 536(3) prohibits an employer giving a pay slip for the purposes of that section that the employer knows is false or misleading.

first-party
3 quotes from 1 source
An employer must not give a pay slip for the purposes of this section that the employer knows is false or misleading.
536 Employer obligations in relation to pay slips (1) An employer must give a pay slip to each of its employees within one working day of paying an amount to the employee in relation to the performance of work. Note 1: This subsection is a civil remedy provision (see Part 4‑1). Note 2: Section 80
(3) An employer must not give a pay slip for the purposes of this section that the employer knows is false or misleading.
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Fair Work Act 2009 section 557C(2) provides that the reversed burden does not apply if the employer provides a reasonable excuse as to why there has not been compliance.

first-party
3 quotes from 1 source
Subsection (1) does not apply if the employer provides a reasonable excuse as to why there has not been compliance with subsection 557C(1)(b).
557C Presumption where records not provided (1) If: (a) in proceedings relating to a contravention by an employer of a civil remedy provision referred to in subsection (3), an applicant makes an allegation in relation to a matter; and (b) the employer was required: (i) by subsection 535(1) or (2)
(2) Subsection (1) does not apply if the employer provides a reasonable excuse as to why there has not been compliance with subsection 557C(1)(b).
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Fair Work Act 2009 section 536AA(1) prohibits an employer from…

  • advertising employment at a rate of pay that would contravene the Act or a fair work instrument if the advertised employment occurred.
  • causing to be advertised employment at a rate of pay that would contravene the Act or a fair work instrument if the advertised employment occurred.
first-party
5 quotes from 1 source
An employer must not advertise, or cause to be advertised, that the employer is offering employment at a rate of pay that would contravene either of the following, if the advertised employment occurred:
(a) this Act;
(b) a fair work instrument.
536AA Employer obligations in relation to advertising rates of pay Employers must not advertise employment with rate of pay that contravenes this Act or a fair work instrument (1) An employer must not advertise, or cause to be advertised, that the employer is offering employment at a rate of pay
th rate of pay that contravenes this Act or a fair work instrument (1) An employer must not advertise, or cause to be advertised, that the employer is offering employment at a rate of pay that would contravene either of the following, if the advertised employment occurred: (a) this Act; (b) a fair work instrument.

Measured finding7

Something someone actually measured, with the method attached.

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The Fair Work Ombudsman reported that in 2024-25…

  • the Fair Work Ombudsman issued 743 infringement notices.
  • penalties paid totalled $838,179.
medium confidencefirst-party
1 quote from 1 source
In 2024–25 we issued 743 INs, with penalties paid totalling $838,179.
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The Fair Work Ombudsman…

  • issued 1,220 compliance notices in 2024-25
  • recovered $8.24 million in unpaid wages in 2024-25
medium confidencefirst-party
1 quote from 1 source
In 2024–25 we issued 1,220 CNs and recovered $8.24 million in unpaid wages.
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The Fair Work Ombudsman reported as a key finding from its investigations that poor record-keeping and incorrect pay slips continue to be a major problem in the sector.

medium confidencefirst-party
2 quotes from 1 source
Key findings from our investigations include:
poor record-keeping and incorrect pay slips continue to be a major problem in the sector
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The Fair Work Ombudsman reported that in 2024-25 it…

  • completed 358 matters in the agriculture sector.
  • issued 21 INs and 42 CNs in the agriculture sector.
medium confidencefirst-party
1 quote from 1 source
In 2024–25 we completed 358 matters in the agriculture sector, issuing 21 INs and 42 CNs.

Disputed between sources2

Sources that do not agree, presented without picking a winner.

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  • The Fair Work Ombudsman states that employers have to keep time and wages records for 7 years.
  • Employsure's sick leave guide describes the 7-year record-keeping period for time and wages records as a recommended minimum record-keeping period.
first-partyvendor
2 quotes from 2 sources
Employers have to keep time and wages records for 7 years.
The Fair Work Ombudsman recommends a minimum record-keeping period of seven years.