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EmployeesCommonwealthMinimum retention

Hours and overtime records

How long should Australian businesses keep hours and overtime records, and when does the clock start?

Keep for7 years
Clock startsNot stated in the Act
Applies toNational system employersMost private-sector employers

General information, not legal advice or permission to destroy a record. Coverage may be incomplete or out of date. Check the official text, other applicable obligations and any investigations, disputes or legal holds before disposal. Get advice for your situation. Terms of use.

Under the Fair Work Act 2009, national system employers must keep hours and overtime records for at least 7 years. Clock starts: not stated in the Act.

Records of hours worked, overtime, and copies of any agreement to average hours of work.

3 provisions in 2 laws apply to these records. Each one is set out below with its own period and start date.

The terms

s 535(1)Fair Work Act 2009
7 years
Start not stated
r 3.34Fair Work Regulations 2009
No period stated
Start not stated
r 3.35Fair Work Regulations 2009
No period stated
Start not stated

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
  • Applies where a penalty rate or loading must be paid for overtime hours actually worked
  • Employer and employee agree in writing to an averaging of the employee's hours of work

The law

Fair Work Act 2009, s 535(1) · Employer obligations in relation to employee recordsOfficial text ↗
An employer must make, and keep for 7 years, employee records of the kind prescribed by the regulations in relation to each of its employees.
Text as at 7 July 2026
Fair Work Regulations 2009, r 3.34 · Records—overtimeOfficial text ↗
a kind of employee record that the employer must make and keep is a record that specifies: (a) the number of overtime hours worked by the employee during each day; or (b) when the employee started and ceased working overtime hours.
Text as at 20 June 2026
Fair Work Regulations 2009, r 3.35 · Records—averaging of hoursOfficial text ↗
if an employer and employee agree in writing to an averaging of the employee's hours of work, a copy of the agreement is a kind of employee record that the employer must make and keep
Text as at 20 June 2026

Other terms that apply to these records

This page covers hours and overtime records 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.

Hours and overtime records7yFair Work Act 2009, s 535(1) · not stated in the Act
Employee pay records7yFair Work Act 2009, s 535(1) · not stated in the Act
Personal information no longer neededDestroyPrivacy Act 1988, Schedule 1, APP 11.2, APP 4.3 · no longer needed for any permitted purpose

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.

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