This page provides information on the recordkeeping provisions of the Long Service Leave Act 1958 (WA). For more information see the main Long Service Leave page.
Under the Long Service Leave Act it is compulsory for employers to keep employment records for all employees detailing:
- the employee's name, and the employee’s date of birth if under 21 years of age
- the employer’s name and Australian Business Number (if any)
- the date the employee commenced employment with the employer
- the weekly hours worked by the employee
- the gross and net amount paid to the employee, and all deductions and the reasons for them;
- all leave taken, whether paid, partly paid or unpaid
- details of the any leave foregone under an agreement to cash out long service leave, including the amount of leave cashed out, the benefit that was paid, and the date this occurred
- the date of any transfer of business during the employment of the employee
- any other details necessary for the calculation of the entitlement to and payment for long service leave.
The employer must ensure that records relating to long service leave are kept during the period of employment and for seven years from the date employment ends.
If there is a transfer of a business, the old employer must transfer copies of all transferring employees’ employment records to the new employer. This will enable the new employer to accurately determine an employee’s long service leave entitlement.
Penalties for not keeping employment records
Employers can be fined up to $13,000 (or up to $130,000 in the case of a serious contravention) for individuals or a penalty of up to $65,000 (or up to $650,000 in the case of a serious contravention) for bodies corporate for:
- not keeping employment records;
- keeping an employment record that the employer knows, or could reasonably be expected to know, is false or misleading; and
- failing to transfer copies of transferring employees’ employment records to the new employer, where there is a transfer of business.
A serious contravention is defined as a situation in which the person knowingly commits the contravention and this conduct is part of a systematic pattern of conduct relating to one or more other persons.
Employer burden to disprove an allegation
An employer will have the burden of disproving an allegation made in proceedings to enforce an entitlement to long service leave if the employer was required to:
- make or keep an employment record under the Long Service Leave Act in relation to the matter; or
- make available for inspection a record in relation to the matter;
and failed to comply with the requirement.
The burden of disproving an allegation does not apply, however, if the employer provides a reasonable excuse for the failure to comply with the requirement to make or keep a record, or make a record available for inspection.