Is there a requirement to keep paper versions of employee records or can they be kept digitally?
The Fair Work Act requires that an employer must make, and keep for 7 years, employee records as prescribed by the Fair Work Regulations.
In turn, the Fair Work Regulations require a variety of records to be kept. This includes records about basic employment details, pay, overtime hours, averaging arrangements, leave entitlements, superannuation contributions, termination of employment, individual flexibility arrangements and guarantee of annual earnings.
Part 3-6 of the Fair Work Regulations prescribes the manner in which such records must be kept. This involves, amongst other things, regulation 3.31 which has form requirements to ensure that records are legible and easily accessible by inspectors. Similarly, regulation 3.44 has requirements about the accuracy of records. Moreover, this part of the Fair Work Regulations also imposes obligations on employers to provide for the inspection and copying of records.
As long as an employer is able to satisfy the form of employee records requirements discussed above, then they are able to keep employee records via electronic or digital means. However, records will need to be printed out on request.
In this way, employers will not necessarily need to keep paper versions of employee records for the purposes of the Fair Work Act or the Fair Work Regulations.
Clinton is the Publications Manager at Ai Group. He is responsible for a number of key services including Annotated Modern Awards, Workplace Relations Handbooks and the management of Ai Group’s HR and Health & Safety Resource Centres. Clinton has a Masters in Employment Relations and previously held advisory roles with the Workplace Authority and Fair Work Ombudsman.
