Fair Work Information Statements

Every new employee, and in some cases, existing employees, must be provided with one or more information statements. Regardless of their employment type, each new employee must receive the Fair Work Information Statement. Additionally

• Casual employees must also be given the Casual Employment Information Statement.
• Employees on fixed-term contracts must also receive the Fixed Term Contract Information Statement.

Fair Work Information Statement

The Fair Work Information Statement (FWIS) is an essential resource for employees, explaining the conditions of employment under the National Employment Standards (NES). The NES applies to all employees covered by the national workplace relations system. The FWIS details the thirteen minimum entitlements under the NES and offers additional information on:

• awards and registered agreements,
• the distinct roles of the Fair Work Commission and the Fair Work Ombudsman,
• termination rules, and
• individual flexibility agreements.

Employers must provide every new employee with a copy of the FWIS before they begin their employment or as soon as possible afterward. It is also recommended that employees receive an updated copy of the FWIS annually after they start employment.

Casual Employee Information Statement

In addition to the FWIS, all casual employees must be given the Casual Employee Information Statement (CEIS) before they begin employment or as soon as possible afterward. Casual employees should then receive the CEIS again:

• after 12 months of employment for those working in small businesses (fewer than 15 employees), or
• after 6 months, 12 months, and every subsequent 12-month period of employment for those working in non-small businesses (15 or more employees).

Similar to the FWIS, the CEIS outlines the terms and conditions of employment for casual employees, including their rights and responsibilities, such as:

• the definition of a casual employee as of August 26, 2024
• the process for informing their employer if they wish to transition to permanent employment within the business
• a list of reasons an employer may reject an employee’s request to switch to permanent employment
• information about the Fair Work Commission and its role in resolving disputes.

Fixed Term Contract Information Statement

Employers hiring employees on fixed-term contracts must provide each employee with a copy of the Fixed Term Information Statement (FTIS) when the contract is signed. A fixed-term contract is one that ends, for example after a specific period, on a particular date, or at the conclusion of a season. The FTIS provides essential details about fixed-term employment, including:

• what a fixed-term contract is,
• limitations on the use of fixed-term contracts,
• exceptions to these limitations, and
• how to resolve disputes related to fixed-term contract limitations and exceptions.
• when such contracts can and cannot be used

Providing Employees with Information Statements

There are several methods you can use to provide your employees with the required information statement. Depending on what is appropriate for the employer business and the situation, the FWIS can be delivered:

• in person
• by mail
• by email
• by emailing a link to the appropriate Fair Work Ombudsman webpage
• by emailing a link to a copy of the FWIS available on the employer’s intranet
• by fax
• by another method.

It is crucial to provide employees with the most current version of each information statement. To ensure you have the latest updates, it is recommended to download these documents from the Fair Work Ombudsman’s website, accessible through the links below.

• Fair Work Information Statement
• Casual Employee Information Statement
• Fixed Term Contract Information Statement.

What Happens if Information Statements are not Issued?

If an employer does not provide the required information statements at the appropriate times, they risk facing significant penalties. The obligation to provide employees with the FWIS, CEIS, and/or FTCIS is mandated by the Fair Work Act 2009 (Cth), and non-compliance can result in civil penalties.

Need More?

Should you require more information of what should be provided to your employee upon commencement of employment, reach out to the Workplace Relations and Legal Team on 02 6175 5900 for assistance.