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The Wageline Newsletter record keeping edition has been published today. The text of the Newsletter is below.
This edition features information on the record keeping requirements and the penalites that apply to employers who fail to keep employment records.
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Keeping employment records is a key business requirement that many small business employers get wrong. All state system employers must keep employment records detailing time worked and pay and leave received by employees.
This edition of the Wageline Newsletter focuses on how to get employment record keeping right to save your business potential fines for not meeting legal requirements.
Wageline Newsletter provides information for employers in the state industrial relations system. It is relevant to businesses which operate as:
Wageline Newsletter is not relevant for businesses and organisations in the national industrial relations system which operates as:
If your business or organisation is a national system employer please visit the Fair Work Ombudsman website for information on employment obligations.
While specific record keeping requirements differ based on whether employees are covered by a WA award or are award-free all state system employers are required to keep employment records for all employees.
Employment records can be written or electronic as long as they are in a form that can be printed. The records must be in English. Time and wage books can be used to keep employment records, however, it is the employer's responsibility to ensure the time and wage book includes all of the required information.
Employers must keep all employment records for at least seven years after they are made for both current and past employees. Records relating to long service leave must be kept during the period of employment and for seven years from the date employment ends.
It is the employer who is legally required to keep the correct employment records. If a small business uses a third party (such as a book keeper) to manage payroll, the legal responsibility is still on the employer to ensure that the required information is collected and maintained.
Small business employers can be fined up to $5,000 by the Industrial Magistrates Court for not keeping employment records or for keeping inadequate or fraudulent records. A common requirement that employers fail to observe is a lack of detail in keeping employment records, particularly for employees covered by a WA award.
Employers can also be fined for not providing employment records to the Department of Commerce Industrial Inspectors. Industrial inspectors have statutory powers to investigate complaints for employees where appropriate and employers are obliged to provide records when required to do so.
It is compulsory for employers to keep employment records for all employees detailing:
If an employee is covered by a WA award, the employer must record the following additional information:
These six templates help small business employers meet their legal obligations for time and record keeping and keep accurate employee leave records. All of the record keeping templates are available on Wageline's website.
These templates are:
Wageline can answer your questions about record keeping requirements.
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