7.1Records

7.1 Records

(1) This Division applies in relation to an employer of a road transport driver if a road safety remuneration order or arbitration order imposes requirements on the employer in relation to the driver. (2) For subsection 119(1) of the Act, this Division sets out: (a) general records that the employer must make and keep in relation to the driver; and (b) additional records that the employer must keep, or information that the employer must include in the general records, in particular circumstances.

Note 1: An inaccurate record is not a record of the prescribed kind.

Note 2: The employer may already have these records as part of making and keeping records for the purposes of the Fair Work Act 2009 or the Fair Work Regulations 2009.

General records (3) The general records in relation to the road transport driver are: (a) the employer’s name; and (b) the Australian Business Number (if any) of the employer; and (c) the driver’s name; and (d) whether the driver’s employment is permanent, temporary or casual; and (e) whether the driver is employed full‑time or part‑time; and (f) the date on which the driver’s employment began; and (g) the rate of remuneration paid to the driver; and (h) the gross and net amounts paid to the driver; and (i) any deductions made from the gross amount paid to the driver. Pay (4) If the driver is a casual or irregular part‑time employee who is guaranteed a rate of pay set by reference to a period of time worked, the records must include the hours worked by the driver. (5) If the driver is entitled to be paid: (a) an incentive‑based payment; or (b) a bonus; or (c) a loading; or (d) a penalty rate; or (e) another monetary allowance or separately identifiable entitlement; the record must include details of the payment, bonus, loading, rate, allowance or entitlement. Overtime (6) If a penalty rate or loading (however described) must be paid for overtime hours actually worked by the driver, the records must include: (a) the number of overtime hours worked by the driver during each day; or (b) when the driver started and ceased working overtime hours. Averaging of hours (7) If the employer agrees in writing with the driver to an averaging of the driver’s hours of work, the records must include a copy of the agreement. Road safety remuneration orders and arbitration orders (8) The records must include the following information about the road safety remuneration order or arbitration order that imposes requirements on the employer: (a) the name of the order; (b) the amount the employer is required to pay the driver under the order; (c) a description of the conditions the employer is required to provide to the driver under the order. Leave (9) If the driver is entitled to leave, the records must include: (a) details of any leave that the driver takes; and (b) the balance (if any) of the driver’s entitlement to that leave from time to time. (10) If the employer agrees with the driver to cash out an accrued amount of leave, the records must include: (a) a copy of the agreement; and (b) a statement of the rate of payment for the amount of leave that was cashed out; and (c) the date when the payment was made. Superannuation contributions (11) If the employer is required to make superannuation contributions for the benefit of the driver, the records must include: (a) the amount of the contributions made; and (b) the period over which the contributions were made; and (c) the date on which each contribution was made; and (d) the name of any fund to which a contribution was made; and (e) the basis on which the employer became liable to make the contribution, including: (i) a record of any election made by the driver as to the fund to which contributions are to be made; and (ii) the date of any relevant election. Termination of employment (12) If the driver’s employment is terminated, the employer must make and keep a record that sets out: (a) whether the employment was terminated: (i) by consent; or (ii) by notice; or (iii) summarily; or (iv) in some other manner (specifying the manner); and (b) the name of the person who acted to terminate the employment; and (c) the date of the termination.