United Voice News
LHMU Member Assist in Queensland are dealing with a number of cases at present where workers have not received their pay slips, or where the pay slips have arrived some weeks or even months after their pay day.
All workers in Australia covered by the Fair Work Act 2009 are entitled to receive a pay slip each time they are paid, regardless of what Award or Agreement they are employed under.
The pay slip must be provided by the employer to the employee ‘within one working day of paying an amount’ (FW Act s536 (1)) and must be either in an electronic or hard copy form (Fair Work Regulation (3.45)). Pay slips must also include specific information.
The information which must be provided each time includes –
· The employers name
· The employees name
· The period to which the payslip applies
· The date the payment was made
· The gross amount paid
· The net amount paid
· Any amounts that were bonuses, loadings, allowances, penalty rates, incentive payments, or any other separate entitlement
· The ABN of the employer (if any)
· Details of any amounts deducted and to whom they were paid
· The hourly rate of pay (if paid an hourly rate)
· The number of hours worked (if paid an hourly rate)
· The total of the hourly rate paid at each hourly rate (if paid an hourly rate)
· The annual rate paid (if paid an annual amount)
· Superannuation information, including the amount paid and the name of the fund it was paid into
There is no requirement at this stage to provide accrued entitlements like annual leave and sick leave in payslips*.
The Fair Work Act 2009 sets out fines that can be applied to employers who do not provide payslips (FW Act s539). These fines can be a maximum of $16500 applied to the employer and $3300 for individuals responsible for each payslip not provided every time this occurs.
*Your payslip does not need to have your annual leave or other entitlements provided each time. However, you are able to ask for this information to be provided to you at any time (Fair Work Regulation 3.42 (1) says your employer must make this information available to you and that you can make / get a copy if you request one).
For more information, please visit www.memberassist.org.au
