This Advice is to inform Australian Government employers of their obligations in relation to the Fair Work Information Statement (FWIS).
The Fair Work Information Statement
2. In accordance with section 124 of the Fair Work Act 2009, the Fair Work Ombudsman (FWO) has prepared and published the FWIS.
3. The FWIS aims to assist employees to understand their minimum entitlements and other workplace issues by outlining key information on:
- minimum entitlements under the National Employment Standards (NES);
- modern awards;
- the agreement-making process;
- individual flexibility arrangements;
- freedom of association and protection from discrimination;
- termination of employment;
- right of entry; and
- the functions of the FWO and Fair Work Australia.
4. The FWIS can be downloaded from Fair Work Online.
Providing new employees with the FWIS
5. From 1 January 2010, an employer must provide a copy of the FWIS to all new employees before, or as soon as practicable after, the employee commences employment.
6. As outlined at Regulation 2.02 of the Fair Work Regulations 2009, an employer may provide the FWIS to an employee by any of the following means:
- handing the FWIS personally to the employee;
- sending the FWIS by pre-paid post either to the employee’s residential address or a postal address nominated by the employee;
- emailing the FWIS to the employee’s email address at work or another email address nominated by the employee;
- emailing the employee an electronic link to the FWIS on the FWO website or on the employer’s intranet;
- faxing the FWIS to the employee’s fax number at work, home or another number nominated by the employee; or
- another suitable manner.
7. The employer is not required to give the employee the FWIS more than once in a 12 month period (for instance, in situations where the employer employs an employee more than once in the 12 months, such as on a contractual basis).
8. There are significant penalties for failing to give the FWIS to a new employee, including substantial fines.
Further information and advice
9. Should you require further information or assistance on this matter, please contact your APSC Client Contact directly, email agebf [at] apsc.gov.au.
A/g Branch Manager
Public Sector Branch