Presumption where records not provided
(1) If: (a) in proceedings relating to a contravention by an employer of a civil remedy provision referred to in subsection (3), an applicant makes an allegation in relation to a matter; and (b) the employer was required: (i) by subsection 535(1) or (2) to make and keep a record; or (ii) by regulations made for the purposes of subsection 535(3) to make available for inspection a record; or (iii) by subsection 536(1) or (2) to give a pay slip; in relation to the matter; and (c) the employer failed to comply with the requirement; the employer has the burden of disproving the allegation. (2) Subsection (1) does not apply if the employer provides a reasonable excuse as to why there has not been compliance with subsection 557C(1)(b). (3) The civil remedy provisions are the following: (a) section 44 (which deals with contraventions of the National Employment Standards); (b) section 45 (which deals with contraventions of modern awards); (c) section 50 (which deals with contraventions of enterprise agreements); (d) section 280 (which deals with contraventions of workplace determinations); (e) section 293 (which deals with contraventions of national minimum wage orders); (f) section 305 (which deals with contraventions of equal remuneration orders); (g) subsection 323(1) (which deals with methods and frequency of payment); (h) subsection 323(3) (which deals with methods of payment specified in modern awards or enterprise agreements); (i) subsection 325(1) (which deals with unreasonable requirements to spend or pay amounts); (j) any other civil remedy provisions prescribed by the regulations.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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