Does the worker have the right documents?

Under Section 9 of National Minimum Wage Act 1998 (NMWA), employers must keep adequate records to show they are paying the NMW. Section 10 of the same law states that workers and their representatives have the right to demand this paperwork from employers but that the request must be made in writing (a “production notice”).

Section 12 of the NMWA says that when paying wages, an employer must provide an NMW statement so that workers can calculate whether they are getting at least the NMW in each pay reference period (see below).

Workers have the right to be accompanied by a union rep to see their records. However, if they do wish to be accompanied, this must be stated in their request to see the records. The employer must produce the records at the workplace or another agreed place within 14 days, or a later time if this is agreed with the worker. The worker must be given reasonable notice of the time and place.

The penalty for breach of these rights is 80 times the hourly NMW rate in force when the award is made (section 11, NMWA).