Employment records

What type of records must employers keep about employees?

Both NSW and federal industrial relations laws require employers to provide employees with pay slips and to keep certain time, wage and leave records.

An employer must keep all the following records:

General records

• full name of employer and ABN 
• full name of employee
• classification of the employee under any award or enterprise agreement
• whether the employee is employed full-time or part-time
• whether the employee is employed on a permanent, temporary or casual basis
• if the employee is an apprentice or trainee and the date the person started as an apprentice or trainee
• date on which the employee was first employed by the employer
• if the employee's employment has been terminated, the date of termination.

Remuneration and hours worked

• number of hours to be worked per week, per day or other period, if this is set out in the award or enterprise agreement
• the employee's start and finishing times each day and the number of hours worked each day, if the award or enterprise agreement limits the daily hours of work and provides for the payment of overtime
• rate of pay per week, day, hour or other period at which the employee is paid if this is prescribed in the award or enterprise agreement
• if piece work is prescribed by the relevant award or enterprise agreement, the number and description of pieces made by the employee and the rate per piece at which the employee is paid
• gross amount of money paid to the employee and any deductions made
• any other details to show that the requirements of the award or enterprise agreement relating to pay and hours worked are being met.

Leave records

All employees are entitled to paid and unpaid leave from employment, such as annual holidays, long service leave, sick leave and parental leave. These entitlements may vary depending on how the employee is engaged (ie casual, temporary, part-time or full-time).
 
An employer must keep the following records in relation to leave:

• any leave taken by the employee
• the employee's entitlement from time to time to that leave
• the accrual (buildup) of that leave.

How employment records must be kept

All employment records must be legible and in English, in a paper or electronic format (computer file). 

How long must employers keep employment records?

For at least six years. 

If a business is sold, what employment records must be given to the new owner by the former owner?

The new owner must be given all records relating to transferred employees.
 
The new owner and the former owner must both keep a copy of the records for at least six years after they were made.

Who may inspect employment records?

Authorised officers, called industrial inspectors, from NSW Industrial Relations, NSW Department of Services, Technology and Administration, are permitted to enter business premises to inspect employment records. They are permitted to do this under the Industrial Relations Act 1996.
 
Members of the NSW Industrial Relations Commission and authorised union officers may also enter premises to inspect employment records in certain circumstances.