Under the Fair Work Act 2009, national system employers must keep flexibility arrangements and earnings guarantees for at least 7 years. Clock starts: not stated in the Act.
Copies of individual flexibility arrangements and any termination notice, and guarantees of annual earnings.
3 provisions in 2 laws apply to these records. Each one is set out below with its own period and start date.
The terms
Conditions and exceptions Caution
Neither the Fair Work Act nor the Regulations say when the 7 years starts.
From the provisions:
- The record must be of a kind prescribed by the regulations
- Employer and employee have agreed in writing on an individual flexibility arrangement under the Act
- Employer gives a guarantee of annual earnings under section 330 of the Act
- If the guarantee is revoked, a record of the date of revocation must also be kept
The law
Other terms that apply to these records
This page covers flexibility arrangements and earnings guarantees on their own. The same file is often caught by other laws as well, with different periods and start dates. See why a legal term is not a schedule.
3 records. 3 sets of rules. They don't agree.
One business file can hold all of these at once.
Now do that for every record your organisation holds, and redo it when the law changes. ScheduleOne has done that work, and keeps it current.
See ScheduleOne →