Section 557C — Fair Work Act 2009: 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) section 44 (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.