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FAIR WORK ACT 2009 - SECT 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 form is prescribed by the regulations--be in that form; and

                     (b)  include any information prescribed by the regulations.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (3)  The regulations may provide for the inspection of those records.

Note:          If an employer fails to comply with subsection (1), (2) or (3), the employer may bear the burden of disproving allegations in proceedings relating to a contravention of certain civil remedy provisions: see section 557C.

             (4)  An employer must not make or keep a record for the purposes of this section that the employer knows is false or misleading.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (5)  Subsection (4) does not apply if the record is not false or misleading in a material particular.



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