Western Australian Consolidated Acts

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LONG SERVICE LEAVE ACT 1958 - SECT 26

26 .         Keeping of employment records

        (1)         An employer must ensure that details are recorded of — 

            (a)         each employee’s name and, if the employee is under 21 years of age, the employee’s date of birth;

            (b)         the date on which the employee commenced employment with the employer;

            (c)         the gross and net amounts paid to the employee under the contract of employment, and all deductions and the reasons for them;

            (d)         all leave taken by the employee, whether paid, partly paid or unpaid;

            (e)         details of any agreement made under section 5 between the employer and the employee;

            (f)         such other details as are necessary for the calculation of the entitlement to, and payment for, long service leave under this Act; and

            (g)         other matters prescribed by the regulations.

        (2)         The employer must ensure that — 

            (a)         the records are kept in accordance with the regulations; and

            (b)         each entry is retained during the employment of the employee and for not less than 7 years thereafter.

        (3)         A contravention of subsection (2) is not an offence but that subsection is a civil penalty provision for the purposes of the Industrial Relations Act 1979 section 83E.

        (4)         Subsection (3) extends to a contravention that occurred within the period of 12 months ending on the coming into operation of the Labour Relations Legislation Amendment Act 2006 Part 7 Division 2  1 unless the employer was charged with an offence in respect of that contravention.

        [Section 26 inserted by No. 79 of 1995 s. 54; amended by No. 36 of 2006 s. 60.]



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