r3.38-3.41: regs 3.38 to 3.41 Records: IFAs, guarantees of annual earnings, termination and transfer of business
Employers keep copies of IFAs and any notice or agreement ending them, guarantees of annual earnings and the date of any revocation, and for each termination a record of whether it was by consent, notice, summarily or otherwise and who terminated it; on a transfer of business the old employer transfers transferring employees' records to the new employer (copies if a Commonwealth authority), the new employer requests them where needed and keeps them as if it made them.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as r3.38-3.41. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
IFA and guarantee copies filed on the employee record; Termination records naming the manner of termination and the person who terminated; Transfer of business record handover documentation
What usually goes missing
No record of who terminated the employment; Records not transferred on sale of business; IFA terminations not filed
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.