Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:7:p7
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 7 (pt 7/17)
Character Range: 155822–158534

of civil remedy provisions.

3.40  Records—termination of employment
  For subsection 535(1) of the Act, if an employee's employment is terminated, a kind of employee record that the employer must make and keep is a record that sets out:
 (a) whether the employment was terminated:
 (i) by consent; or
 (ii) by notice; or
 (iii) summarily; or
 (iv) in some other manner (specifying the manner); and
 (b) the name of the person who acted to terminate the employment.
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.

3.41  Records—transfer of business
 (1) For section 796 of the Act, this regulation applies if a transfer of business occurs as described in section 311 of the Act.
Note: Section 311 identifies the participants in the transfer of the business as:
(a) the old employer; and
(b) the new employer; and
(c) a transferring employee.
 (2) The old employer must transfer to the new employer each employee record concerning a transferring employee that the old employer was required to keep for subsection 535(1) of the Act at the time at which the connection between the old employer and the new employer mentioned in paragraph 311(1)(d) of the Act occurs.
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) If the old employer is a Commonwealth authority, the old employer only has to provide copies of those records.
 (4) If the transferring employee becomes an employee of the new employer after the time at which the connection between the old employer and the new employer mentioned in paragraph 311(1)(d) of the Act occurs, the new employer must ask the old employer to give the new employer the employee records concerning the transferring employee.
Note: Subregulation (4) 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.
 (5) If the old employer receives a request under subregulation (4), the old employer must give the employee records to the new employer.
Note: Subregulation (5) 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.
 (6) The new employer who receives transferred employee records must keep the records, as if they had been made by the new employer at the