Section 535 — Fair Work Act 2009: 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.