General obligations
Employers are required to make and keep employment records for seven (7) years.
The records are required to be:
- in a form that is readily accessible to an authorised Inspector
- in a legible form and in English (preferably in plain, simple English)
- unaltered unless correcting an error
- not false or misleading
- made available to current and former employees on request
Records relating to Long Service Leave
Employers must keep long service leave records for their workers and transfer those records to a successor employer when applicable. The records must be kept for at least 6 years after a worker's employment ends.
Content of Records - General
The records must contain the following information about the worker:
- Employer's name and ABN
- Worker’s name
- Employment conditions (e.g. classification, type of employment)
- Worker’s status (e.g. apprentice, full-time, casual)
- Dates of employment and termination (if applicable).
Content of Records - Long Service Leave
The records must include:
- Long service leave taken - dates and gross payments.
- Worker’s entitlement to leave after 10 years of service and every 5 years thereafter.
- Bonuses included in pay calculations.
- Payments on termination.
- Applications and agreements regarding leave.
Keeping Records
Records must be:
- Legible, in English, and either in paper or electronic form that can be converted into legible English.
- Accessible to authorised inspectors and the worker.
Transfer of Records to Successor Employers
When a business is transferred to a new employer:
- The former employer must transfer all relevant records to the new employer.
- The new employer must treat these records as their own and retain them for at least 6 years.
- The former employer must keep a copy of the records for 6 years after they were made.
- The new employer is not required to create new records for the worker's prior employment.
- These requirements ensure that long service leave entitlements and employment history are properly tracked and preserved.