Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Running payroll may not be the most exciting part of business ownership, but getting payslips right matters. Payslips (or pay slips) are a legal requirement in Australia, and they’re one of the first things Fair Work looks at when investigating complaints.
Clear, compliant payslips help you build trust with your team, reduce disputes, and avoid costly penalties. The good news? With a simple process and the right documents in place, payslip compliance is straightforward.
In this guide, we’ll step through what to include on a payslip, when and how to issue them, record-keeping rules, common mistakes to avoid, and the practical steps you can take to set up compliant payroll in your small business.
What Is A Payslip And Why Does It Matter?
A payslip is the written record you give an employee each time they’re paid. It shows how their pay was calculated for that period, including wages, hours, loadings, deductions, tax and superannuation.
Why it matters:
- It’s the law. The Fair Work Act and Regulations require employers to issue payslips within strict timeframes and with certain details.
- It protects both sides. A proper paper trail reduces misunderstandings around pay rates, overtime and leave balances.
- It supports your wider compliance. Accurate payslips flow from the right Employment Contract, correct award classification, and clean record-keeping.
Employees use payslips to check their pay, apply for finance, and confirm employment. Employers use them to demonstrate compliance if the Fair Work Ombudsman asks questions.
What Must A Payslip Include In Australia?
Australian law sets out the minimum information that must appear on a payslip. Think of it as a checklist you can build into your payroll system.
Core Details
- Employer details (name and ABN).
- Employee name and (if relevant) their employment type (e.g. full-time, part-time, casual).
- Pay period dates and the date of payment.
- Gross pay and net pay for the period.
- Any loadings, allowances, bonuses or penalty rates paid (listed separately).
- Any deductions, including the amount, description and who it’s paid to (for example, salary sacrifice or authorised deductions).
Hours And Rates
- Hourly rate and number of hours worked, where a rate varies within the period (for example, ordinary hours, weekend penalty rates or overtime).
- If the employee is paid an annualised salary, show enough detail to explain the period covered and any additional amounts paid separately (like overtime, if applicable).
Tax And Superannuation
- Tax withheld for the period.
- Superannuation contributions made (or required to be made) for the period, and either the super fund name or the fund identifier.
- Make sure super is calculated on the correct base, often referred to as Ordinary Time Earnings (OTE).
Many businesses also include year-to-date totals for transparency, although that isn’t strictly mandatory. If you pay bonuses or termination amounts, check whether super applies and, if so, how it must be shown (for example, separate lines). If you’re unsure, it’s wise to speak with an employment lawyer.
When And How Do You Issue Payslips?
Timing matters. As a rule, you must give each employee their payslip within one working day of paying them. This applies even if they’re on leave.
Paper Or Electronic?
- Electronic payslips are fine, provided each employee can access them confidentially and print a copy if they need to.
- Paper payslips are also acceptable. If you choose paper, make sure there’s a reliable way to deliver them on time.
- Using a secure employee portal is common. Just ensure staff keep access if they’re away or after their employment ends (at least long enough to download copies).
Frequency And Pay Cycles
You can pay weekly, fortnightly or monthly-your award or enterprise agreement may set expectations here. Whatever you choose, align your payroll cycle, payment processing and payslip generation so the slip is issued within one working day each time.
Single Touch Payroll (STP) reporting to the ATO does not replace payslips. You still need to issue a compliant payslip to each employee for each pay run.
Record-Keeping And Payroll Deductions: What Are Your Obligations?
Beyond payslips, employers must keep accurate payroll records for at least seven years. If Fair Work investigates, these records are your proof of compliance.
Payroll Records You Should Keep
- Employee details and employment status (full-time, part-time, casual).
- Pay rates, hours worked, classifications under any applicable modern award, and leave accruals and balances.
- Superannuation records, including contribution amounts and fund details.
- Copies of payslips issued for each pay period.
Good record-keeping starts with the right contractual foundations. A clear, tailored Employment Contract sets out pay terms, hours and entitlements so your payroll entries match what’s been agreed.
Deductions Must Be Authorised
Only make deductions that the law allows. In most cases, the employee must authorise the deduction in writing and you must disclose it on the payslip. If you’re not certain a deduction is permitted under the Fair Work Act, check the rules around Section 324 before proceeding.
Don’t withhold pay to “punish” an employee or to recover costs unless you’re clearly allowed to. This is a common compliance risk-our guide to withholding pay explains how to handle it lawfully.
Common Mistakes Employers Make With Payslips (And How To Fix Them)
Most payslip issues come down to process gaps. Here are pitfalls we see often-and simple ways to avoid them.
1) Missing Or Incorrect Details
Leaving out required information (like super fund details or deduction descriptions) is a technical breach. Build a standard template in your payroll software that prompts for every mandatory field and separates ordinary hours, penalties and allowances clearly.
2) Not Issuing Payslips On Time
Late payslips are non-compliant even if everything else is correct. Automate payslip emails the moment the pay run is finalised. If your approval workflow causes delays, shift the cut-off so authorisations happen earlier.
3) Incorrect Award Classifications
If an employee’s classification under their modern award is wrong, their base rate and entitlements can be off-and so will their payslip. Conduct a quick classification check whenever you hire or change roles, and ensure your Employment Contract reflects the correct award and level.
4) Miscalculating Overtime, Loadings Or Penalties
Apportioning penalty rates and allowances incorrectly is common. Use separate line items and review rate tables in your payroll system. Where awards are complex, consider a periodic audit against the award to confirm calculations are right.
5) Superannuation Calculated On The Wrong Base
Make sure super is calculated on OTE unless an exception applies. If your system uses the wrong base (for example, including overtime where it shouldn’t, or excluding certain allowances that should be included), fix the pay item settings and review our overview of Ordinary Time Earnings.
6) Applying Unauthorised Deductions
Even well-intentioned deductions (e.g. for a staff purchase) need proper written consent. Put a simple form in place so you hold the necessary authorisation on file and always itemise the deduction on the payslip.
7) Confusing Contractors With Employees
Contractors typically issue invoices and don’t receive payslips. But be careful-if someone is treated like an employee, they may in fact be one in the eyes of the law. If in doubt, get advice before deciding how to pay and document the arrangement.
Setting Up The Right Documents And Processes
Strong payroll compliance starts with the right legal documents and everyday processes. Here’s a practical checklist to set you up.
Core Legal Documents
- Employment Contract: Confirms pay, classification, hours, overtime rules and allowances so payroll mirrors the agreed terms. A tailored Employment Contract reduces disputes and underpayment risk.
- Workplace Policies: Set expectations around timesheets, overtime approvals, leave requests and expense deductions. A clear workplace policy helps employees submit accurate information on time.
- Privacy Policy: Payroll involves handling personal information (addresses, TFNs, bank details). A compliant Privacy Policy and secure systems are essential under the Privacy Act.
- Termination Documents: When employment ends, you may need to show notice periods, unused leave payments and any termination entitlements clearly on the final payslip. If you’re unsure about the interaction between payslips and notice, our overview of notice periods is a helpful primer.
Practical Process Tips
- Use a single source of truth: Keep award classifications, pay rates and allowances updated in one payroll system and apply role-based templates.
- Separate pay items clearly: List ordinary hours, overtime, penalties and allowances as distinct lines so employees can see what’s what at a glance.
- Automate where you can: Automate payslip delivery within one working day. If you use approvals, set earlier internal cut-offs.
- Audit periodically: Do a quick spot check each quarter against your award or agreement and correct any common errors.
- Document deductions: Use a simple, signed authorisation form for any non-standard deduction and keep it on file. If something’s borderline, revisit the rules around lawful deductions.
- Track super correctly: Confirm your pay items map to OTE correctly, and if you process special payments (bonuses or terminations), check whether super applies-our guide to super on termination payments is a useful reference point.
If payroll or award coverage feels complex, a short consult with an employment lawyer can save hours of rework and reduce your risk of backpay claims.
FAQs For Small Business Employers
Do casual staff need payslips?
Yes. Every employee-full-time, part-time or casual-must receive a payslip within one working day of being paid.
Do I need to issue payslips to contractors?
Generally no-contractors invoice you. But be careful not to misclassify staff; if someone is really an employee, payslips are required.
Can I email payslips from my accounting software?
Yes, provided each employee can access and print them securely. Using a portal is fine too, as long as access remains practical for the employee.
What happens if payslips are wrong or missing?
Fair Work can issue infringement notices or take court action, resulting in significant penalties per contravention. It’s best to correct errors promptly and put a process in place to prevent repeat issues.
Key Takeaways
- In Australia, employers must issue payslips within one working day of paying staff, and each payslip must include specific details about pay, hours, tax, deductions and super.
- Electronic payslips are acceptable if employees can access and print them securely; STP reporting does not replace the need for payslips.
- Keep payroll records for at least seven years, and ensure any deductions are lawful and properly authorised under Section 324.
- Common errors-like incorrect award classifications, misapplied penalties or missing super details-can be avoided with clean templates, audits and a clear Employment Contract.
- Protect personal information used in payroll with a compliant Privacy Policy and secure systems.
- If you’re unsure about any aspect of payslip compliance, getting quick advice from an employment lawyer can prevent costly issues later.
If you’d like a consultation on setting up compliant payslips and payroll for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








