Compare record retention requirements for up to four countries on the comparison summary chart page. 🔍
Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Recommend 7 years
From creation
N/A - best practice
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Minimum 7 years
From creation
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Recommend 7 years
From creation
N/A - best practice
Data and personnel files
Recommend 7 years
From creation
N/A - best practice
Government verification records (work papers, immigration, eligibility to work, etc.)
Recommend 7 years
From creation
N/A - best practice
Collective bargaining/union
Recommend 7 years or duration of agreement if longer
From date agreement takes effect
N/A - best practice
Background checks and drug tests
Recommend 7 years
From receipt of checks/tests
N/A - best practice
Acknowledgements, policy agreements and required notices
Recommend 7 years
From creation
N/A - best practice
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Recommend 7 years
From creation
N/A - best practice
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Recommend 7 years
From creation
N/A - best practice
Miscellaneous 1
Specified records relating to Subclass 457 or TSS visa holders to demonstrate compliance with sponsorship obligations (written employment contract, required notifications to the Department of Human Services, etc.): Minimum 5 years
From creation
Migration Regulations 2004
Miscellaneous 2
General records (e.g., employee's name, employer's name and ABN, commencement date and basis of employment (full-time, part-time, etc.); individual flexibility records; guarantee of annual earnings records; termination records; and transfer of business records: Minimum 7 years
From creation
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Recommend 7 years
From and during participation
N/A - best practice
Pension and retirement records
Pension and retirement records: Minimum 7 years
From creation
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3
Equity records
Recommend 7 years
From date of award
N/A - best practice
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 7 years
From creation
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3
Tax records
Minimum 5 years
From the later of when the records were prepared or obtained, and the completion of the transactions or acts to which they relate
Taxation Administration Act 1953; Income Tax Assessment Act 1997; Income Tax Assessment Act 1936; relevant State-based payroll tax legislation; Superannuation Guarantee (Administration) Act 1992; Fringe Benefits Tax Assessment Act 1986
Miscellaneous 1
Records of all wages paid to workers employed by the employer; the trade, occupation or calling of each worker, and other matters relating to those wages relevant to the calculation of workers' compensation insurance premiums under policies of insurance: Minimum 5 years
From the last entry made in the record
Workers Compensation Act 1987 (NSW) - and equivalent legislation in other States
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Minimum 7 years
From creation
Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3
Injury and illness incident reports
Minimum 5 years
From the day that notice of the incident is given to the regulator
Secton 38(7) Work Health and Safety Act 2011 (Cth) - and equivalent in State legislation
Medical records
Recommend 7 years
From creation/ receipt
N/A - best practice
Hazardous material and other exposure records
Minimum 30 years (for air-borne contaminant levels arising from use of hazardous chemicals and similar (including lead)) and up to 40 years for asbestos
From the date the record is made
Work, Health and Safety Regulations 2011 - and equivalent in State regulations
Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.
