Other employer obligations

Record keeping

Employee records must:

  • be in a form that is readily accessible to a Fair Work inspector
  • be in a legible form and in English (preferably in plain, simple English)
  • be kept for 7 years
  • not be altered, unless for the purpose of correcting an error
  • not be false or misleading to the employer's knowledge.

Employee records are private and confidential. Generally, no-one can access them other than the employee, their employer, and relevant payroll staff. Employers must make copies of an employee's records available at the request of an employee or former employee.

Learn more about record keeping for business.

Trade union membership

All employees have the right to join or not join a union. They must not be pressured by the union, their employer or any other person to make a decision about joining, not joining or leaving a union.

Discrimination

It is unlawful for an employer to take adverse action against a person who is an employee, former employee or prospective employee because of the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Read more about anti-discrimination and equal opportunity.

Advice and support

The Workplace Advice Service is a free independent legal assistance program for small businesses and employees. The program, offered by the Fair Work Commission, provides advice on topics including:

  • dismissal
  • general protections
  • workplace bullying.

Read more about the Workplace Advice Service, including eligibility and how to request a consultation.

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