s535: s 535 Make and keep prescribed employee records for 7 years, never false
The employer makes and keeps for 7 years the employee records the Regulations prescribe for each employee, in the prescribed form and with the prescribed information, and does not make or keep a record it knows is false or misleading in a material particular. Where records are not kept, the employer bears the burden of disproving wage and hours allegations (s 557C).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s535. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Records retention schedule setting 7 years for employee and payroll records; System evidence that time and pay records are retained and retrievable for former employees; Audit of records against the regulation 3.32 to 3.40 content list
What usually goes missing
Records purged after 5 years; Timesheets not kept for salaried award-covered staff; Records edited without trace
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.