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As an employee, you are legally entitled to request a copy of your employment records from your employer. This will assist in calculating any potential underpayment of wages or any leave entitlements owed to you.
Employers are legally required to retain all employment records for a period of 7 years. A failure to keep employee records or provide them upon request is a civil remedy provision and carries penalties of up to $66,600 per contravention for Companies.
Below is a draft template of a letter of demand to assist you in requesting employment records. Make sure to insert relevant information to your individual employment within the highlighted brackets.
[ADDRESS OF BUSINESS]
Dear [NAME OF SUPERVISOR]
Request for Employee Records
I confirm my employment at [NAME OF BUSINESS] as [POSITION TITLE] for a period of [STATE PERIOD OF EMPLOYMENT/ END DATE IF NO LONGER EMPLOYED].
I am writing to request copies of my employment records. This includes all pay records, overtime records, leave records, superannuation contribution records and pay slips. I further request copies of my timebook/s detailing my hours worked.
Please provide all records prescribed in Regulations 3.32, 3.33, 3.34, 3.36, 3.37, 3.40, 3.45 and 3.46 of the Fair Work Regulations 2009 (Cth).
Pursuant to section 535(1) of the Fair Work Act 2009 (Cth) (“The Act”), your employer obligations are as follows:
“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.”
Further, the Fair Work Regulations 2009 (Cth) regulation 3.42 sets out employer obligations in relation to inspection and copying of records.
“…an employer must make a copy of an employee record available for inspection and copying on request by the employee or former employee to whom the record relates.”
I look forward to receiving a copy of my employment records within 14 days of receipt of this letter.
Please note that failure to provide records is a breach of a civil remedy provision under the Fair Work Act 2009 (Cth). This breach carries a penalty of up to $66,600. If I do not receive my records in the requested timeframe, I will proceed to file a Pecuniary Penalty Application in the South Australian Employment Tribunal and seek that these penalties are paid.
If you do not receive a response from your employer, contact the Working Womens Centre on 8410 6499 to arrange an appointment to speak to one of our Lawyers. They will be able to provide further advice on your individual circumstances.