How to conduct an HR compliance audit
Identify and fix compliance gaps before they become costly problems — protect your business with a comprehensive HR audit.
Written by
Georgia Morgan
General information only – not legal advice
This guide provides general information about HR compliance auditing for Australian businesses. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
Why HR audits matter in 2025
In 2023-24, the Fair Work Ombudsman recovered $473 million in unpaid wages for nearly 160,000 employees. From January 2025, intentional wage underpayment is a criminal offence with penalties including imprisonment.
Regular HR audits help you identify and fix issues proactively, reducing your risk of claims, penalties, and reputational damage.
Step-by-Step audit guide
Follow these steps to conduct a comprehensive HR compliance audit
Review employment contracts
Check that all employees have current, compliant contracts that reflect their actual working arrangements.
Key checks:
- Verify all employees have signed contracts on file
- Check contracts match actual hours, pay, and conditions
- Ensure award or agreement is correctly identified
- Review any annualised salary arrangements against BOOT
Audit payroll and wage compliance
Verify employees are being paid correctly according to their award or agreement.
Key checks:
- Check classifications match actual duties
- Verify base rates against current award minimums
- Review penalty rate calculations
- Confirm superannuation is being paid correctly (11.5%)
Check employee records
Ensure all required records are being maintained and stored appropriately.
Key checks:
- Verify timesheets are accurate and complete
- Check leave balances are correctly calculated
- Confirm records are retained for 7 years
- Review personal information is current
Review workplace policies
Assess whether your policies are current, comprehensive, and communicated to staff.
Key checks:
- Check all essential policies are in place
- Verify policies are legally current
- Confirm employees have acknowledged policies
- Review policy breach handling procedures
Audit WHS compliance
Review workplace health and safety practices and documentation.
Key checks:
- Check WHS policy is current and communicated
- Review incident reports and follow-up actions
- Verify safety training records are complete
- Assess hazard identification and risk registers
Document findings and create action plan
Record audit results and prioritise remediation actions.
Key checks:
- Document all compliance gaps identified
- Prioritise issues by risk level
- Assign responsibility and deadlines for fixes
- Schedule follow-up audit to verify remediation
HR audit checklist
Employment Contracts
- All employees have signed contracts
- Contracts reflect current arrangements
- Award/agreement correctly identified
- Part-time hours are guaranteed and correct
- Casual status is genuine (no regular pattern)
Payroll Compliance
- Classifications match actual duties
- Base rates meet award minimums
- Penalty rates calculated correctly
- Overtime paid when triggered
- Superannuation paid at 11.5%
- Pay slips issued each pay period
Record Keeping
- Employee records complete and current
- Timesheets/attendance records accurate
- Leave records maintained
- Records retained for 7 years
- TFN declarations on file
- Right to work verified and documented
Policies
- Code of conduct in place
- Anti-discrimination/harassment policy
- WHS policy current
- Leave policy documented
- Grievance procedure established
- Staff acknowledgements on file
WHS
- WHS policy displayed/accessible
- Risk assessments completed
- Incident reporting system in place
- Safety training records maintained
- First aid provisions adequate
- Emergency procedures documented
Essential workplace policies
| Policy | Requirement | Risk Level |
|---|---|---|
| Code of conduct | Highly recommended | High |
| Anti-discrimination/harassment | Required (WHS) | High |
| WHS policy | Required | High |
| Leave policy | Recommended | Medium |
| Grievance/complaints procedure | Highly recommended | High |
| Social media policy | Recommended | Medium |
| Flexible work policy | Recommended (NES right) | Medium |
| Privacy policy | Recommended | Medium |
Common audit findings & fixes
Incorrect award classification
Underpayment, back-pay claims, potential criminal penalties from Jan 2025
Review all classifications against award definitions and actual duties
Missing or outdated contracts
Uncertainty about terms, disputes, compliance risk
Issue new contracts to all employees without current documentation
Superannuation underpayment
ATO penalties, super guarantee charge, employee claims
Audit super calculations, correct any shortfalls with ATO
Poor record keeping
Cannot prove compliance, reverse onus (employer must disprove claims)
Implement systematic record keeping, digitise where possible
Frequently asked questions
- An HR audit helps identify compliance gaps before they become problems. In 2023-24, the Fair Work Ombudsman recovered $473 million in unpaid wages. With intentional underpayment now a criminal offence (from January 2025), proactive auditing is more important than ever. Regular audits help you find and fix issues, protect your business from claims, and ensure fair treatment of employees.
- Conduct a comprehensive HR audit at least annually. You should also audit when: there are significant changes to awards or legislation, after acquisitions or business restructures, when new systems are implemented, or if you receive complaints or Fair Work enquiries. Some businesses do quarterly mini-audits focusing on high-risk areas like payroll.
- Small businesses can conduct their own audits using checklists and resources from Fair Work. The Fair Work Ombudsman provides a free self-audit guide. However, for complex situations, multiple awards, or if you suspect significant issues, engaging an HR consultant or employment lawyer provides independent expertise and reduces risk of overlooking problems.
Regulatory sources
Official resources for HR compliance:
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