Document ID: chunk:federal_register_of_legislation:C2017A00101:clause:1_557c
Version: federal_register_of_legislation:C2017A00101
Segment Type: clause
Provision Reference: sch 1 cl 557C
Character Range: 53025–54825

557C  Presumption where records not provided
 (1) If:
 (a) in proceedings relating to a contravention by an employer of a civil remedy provision referred to in subsection (3), an applicant makes an allegation in relation to a matter; and
 (b) the employer was required:
 (i) by subsection 535(1) or (2) to make and keep a record; or
 (ii) by regulations made for the purposes of subsection 535(3) to make available for inspection a record; or
 (iii) by subsection 536(1) or (2) to give a pay slip;
  in relation to the matter; and
 (c) the employer failed to comply with the requirement;
the employer has the burden of disproving the allegation.
 (2) Subsection (1) does not apply if the employer provides a reasonable excuse as to why there has not been compliance with subsection 557C(1)(b).
 (3) The civil remedy provisions are the following:
 (a) subsection 44(1) (which deals with contraventions of the National Employment Standards);
 (b) section 45 (which deals with contraventions of modern awards);
 (c) section 50 (which deals with contraventions of enterprise agreements);
 (d) section 280 (which deals with contraventions of workplace determinations);
 (e) section 293 (which deals with contraventions of national minimum wage orders);
 (f) section 305 (which deals with contraventions of equal remuneration orders);
 (g) subsection 323(1) (which deals with methods and frequency of payment);
 (h) subsection 323(3) (which deals with methods of payment specified in modern awards or enterprise agreements);
 (i) subsection 325(1) (which deals with unreasonable requirements to spend or pay amounts);
 (j) any other civil remedy provisions prescribed by the regulations.

[Minister's second reading speech made in—
House of Representatives on 1 March 2017
Senate on 13 June 2017]
(37/17)