131ARecords relating to employees — section 353A of the Act

131A Records relating to employees — section 353A of the Act (1) Subject to subregulation (1A), an employer who employs an employee under an award, a certified agreement, an AWA or an old IR agreement, must make, or cause to be made, a record in accordance with this Division. (1AA) Strict liability applies to the physical element in subregulation (1) that the record is in accordance with this Division. (1A) Subregulation (1) does not apply if: (a) a certificate under regulation 131P applies in relation to the award, certified agreement or old IR agreement under which the employer employs the employee; or (b) a certificate under regulation 131PA applies in relation to the AWA under which the employer employs the employee. (2) Subject to regulation 131N, an employer must keep, or cause to be kept, an entry in a record: (a) in the case of a particular of a kind mentioned in regulation 131D or paragraph 131H (f) — for a continuous period of 7 years after the date on which: (i) the entry is changed; or (ii) the employee’s employment with the employer is terminated; whichever happens first; or (b) in any other case — for a continuous period of 7 years after the date on which the entry is made. (3) Strict liability applies to the physical element in paragraph (2) (a) that the particular is of a kind mentioned in regulation 131D or paragraph 131H (f).