AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
(1) Each employer bound by this award shall maintain a record containing the following information relating to each employee:
(a) The name and address given by the employee.
(b) The age of the employee if under 21 years of age.
(c) The classification of the employee and whether the employee is full-time, part-time or casual.
(d) The commencing and finishing times of each period of work each day.
(e) The number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period.
(f) The wages and any allowances paid to the employee each pay period and any deductions made therefrom.
(2) At the time of payment of wages the employee shall be given a pay slip showing that part of the record specified in paragraphs (e) and (f) of subclause (1) with respect to the pay period for which payment is being made.
(3) Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer.
(a) The record may be maintained in one or more parts depending on the system of recording used by the employer whether manual or mechanical provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclauses (2) and (4) to be conducted at the one establishment.
(b) The record shall be kept in date order so that the inspections referred to in subclauses (2) and (4) of this clause may be made with respect to any period in the six years from 1 March 1984.
(c) The employer may, if it is part of normal business practice, periodically send the record or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer the obligations with respect to provisions contained elsewhere in this clause with the exception of those contained in paragraph (b) of this subclause. Where the employer is to send the record or any part of the record to another person as prescribed by this paragraph, then a copy of the documents sent away shall be kept on the business premises of the employer.
(d) Subject to this clause the record shall be available for inspection by a duly authorised official of the union during the normal hours of business of the employer, but excepting any time when the employer or his employees who are required to maintain the record may be absent.
(e) The union official shall be permitted reasonable time to inspect the record and, if he requires, take an extract or copy of any of the information contained therein.
(4) (a) If, for any reason, the record is not available for inspection by the union official when the request is made, the union official and the employer or his agent may fix a mutually convenient time for the inspection to take place.
(b) If a mutually convenient time cannot be fixed, the union official may advise the employer in writing that he requires to inspect the record in accordance with the provisions of this award and shall specify the period contained in the record which he requires to inspect.
(c) Within 10 days of the receipt of such advice:
(i) employers who normally keep the record at a place more than 35 kilometres from the G.P.O. Perth shall send a copy of that part of the record specified to the office of the union; and
(ii) employers who normally keep the record at a place less than 35 kilometres from the G.P.O. Perth shall make the record available to the union official at the time specified by the union official. If the record is not then made available to the union official the employer shall within three days send a copy of that part of the record specified to the office of the union.
(d) In the event of a dispute between the union and the employer as to the availability and/or supply of the record, the parties may apply to the Western Australian Industrial Relations Commission for direction. An application for direction shall, subject to that direction, stay the requirements contained elsewhere in this clause.
