13 May 2025
Libby Pallot, Ben Tallboys, Anthony Massaro, Mandi Xu, Walter MacCallum, Samuel Ellemor, Abbey Burns, Kelly Ralph, Morgan Smithe, Shi Jing Wong, Harrison Gray, Emily Tang, Molly Lawlor, Jack Kneale, Sarah Newman, Sara Ibrahim & Sophie Harrington
The Fair Work Ombudsman has been targeting businesses across Australia in a nationwide “record-keeping blitz”.
According to an article published on the Ombudsman’s website on 17 April 2025, the Ombudsman has carried out inspections of approximately 50 businesses in the CBDs of cities across Australia, including Hobart, Adelaide, Melbourne, Sydney, Perth and Cairns. Retailers, hair and beauty salons, and car wash businesses were the primary target of the inspections.
Employers who had not complied with their record-keeping obligations under the Fair Work Act 2009 (Cth) (Fair Work Act) were fined. Fair Work Inspectors have the power to issue infringement notices of up to $1,878 per breach for individuals and $9,390 per breach for a body corporate.
As these inspections remain ongoing, employers should be aware of their record-keeping obligations to avoid incurring significant penalties.
You can access the full article on the Ombudsman’s “record-keeping blitz” here.
Record keeping obligations for employers
The Fair Work Act, and the regulations made under that legislation, requires employers to keep and maintain accurate employee records, which includes the following for each employee:
- employment details;
- pay and pay slips;
- overtime hours;
- leave entitlements;
- superannuation contributions;
- individual flexibility arrangements;
- averaging arrangements;
- guarantees of annual earnings; and
- termination of employment.
Employers must maintain these records for a period of 7 years and make them available for inspection within three business days of a request by a current or former employee, or where copies of the records are requested, they must be provided within 14 days of the request.
Failure to comply with these obligations can constitute a breach of the Fair Work Act and regulations. In addition to its power to issue infringement notices, the Ombudsman may seek more severe penalties to be imposed by a court in relation to such breaches.
Fair Work Information Statements
According to the article published by the Ombudsman, Fair Work Inspectors are also checking whether employees are being provided with the Fair Work Information Statement, and the Casual Employee Information Statement (to casual employees).
Under the Fair Work Act, employers must provide these statements to employees either before, or as soon as reasonably practicable after, the commencement of their employment.
Where an employee is engaged under a fixed or maximum term contract, a Fixed Term Contract Information Statement must also be provided.
Failure to provide employees with these statements is a breach of the National Employment Standards and can attract substantial fines.
The Information Statements are available for download on the Ombudsman’s website here.
How can we help?
The Workplace Relations, Employment and Safety team at Russell Kennedy has extensive experience in assisting clients to work through industrial compliance matters. If you are unsure of your record-keeping obligations or whether your employee records are up-to-date, please contact Russell Kennedy’s Workplace Relations, Employment and Safety team for legal advice.
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