All employers covered by the WA state industrial relations system are legally required to keep employment records. The state system covers businesses which operate as sole traders, unincorporated partnerships or unincorporated trusts.

Employment records must be in English and can be written or electronic, as long as they can be printed. They must be kept for at least seven years after they are made for current and past employees, and records relating to long service leave must be kept during the employee’s period of employment and for seven years from the date the employment ends.

Employers who fail to keep adequate or accurate employment records can be fined up to $5,000 by the Industrial Magistrates Court. Employers can also be fined for not providing employment records to industrial inspectors at the Department of Mines, Industry Regulation and Safety when required to do so.

Specific record keeping requirements differ based on whether employees are covered by a WA award or are award free. Employers can visit the Employment records – employer obligations page for more information on record keeping requirements.