Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:7:p4
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 7 (pt 4/17)
Character Range: 148597–151259

that is readily accessible to an inspector.
Note: Subsection 535(1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4‑1 of the Act deal with infringement notices relating to alleged contraventions of civil remedy provisions.
 (2) For section 796 of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:
 (a) a record in a legible form and in the English language;
 (b) a record in a form that is readily accessible to an inspector.
Note: Subregulation (2) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

3.32  Records—content
  For subsection 535(1) of the Act, a kind of employee record that an employer must make and keep is a record that specifies:
 (a) the employer's name; and
 (b) the employee's name; and
 (c) whether the employee's employment is full‑time or part‑time; and
 (d) whether the employee's employment is permanent, temporary or casual; and
 (e) the date on which the employee's employment began; and
 (f) on and after 1 January 2010—the Australian Business Number (if any) of the employer.
Note: Subsection 535(1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4‑1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.

3.33  Records—pay
 (1) For subsection 535(1) of the Act, a kind of employee record that an employer must make and keep is a record that specifies:
 (a) the rate of remuneration paid to the employee; and
 (b) the gross and net amounts paid to the employee; and
 (c) any deductions made from the gross amount paid to the employee.
 (2) If the employee is a casual or irregular part‑time employee who is guaranteed a rate of pay set by reference to a period of time worked, the record must set out the hours worked by the employee.
 (3) If the employee is entitled to be paid:
 (a) an incentive‑based payment; or
 (b) a bonus; or
 (c) a loading; or
 (d) a penalty rate; or
 (e) another monetary allowance or separately identifiable entitlement;
the record must set out details of the payment, bonus, loading, rate, allowance or entitlement.
Note: Subsection 535(1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4‑1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.

3.34  Records—overtime
  For subsection 535(1) of the Act, if a penalty rate or loading (however described) must be paid for overtime hours actually worked