Fair Work Information Statement: What You Need to Know

Author: Megan Adams, Progressive Legal

As an employer in Australia, it’s important to be aware of your obligations when it comes to Fair Work Information Statements. These documents are a legal requirement and provide new employees with information about their employment conditions and entitlements.

On this page, we’ll take a closer look at what Fair Work Information Statements are and why they matter. 

What is a Fair Work Information Statement? 

A Fair Work Information Statement is a document that employers in Australia are required to provide to their new employees when they start work.

The purpose of the statement is to inform employees about their employment conditions and entitlements under the Fair Work Act 2009.

The statement includes information about the National Employment Standards (NES), modern awards, and other important details about the employee’s employment. 

Why are Fair Work Information Statements important? 

Fair Work Information Statements are important for both employers and employees. For employers, providing a statement to new employees is a legal requirement. Failure to provide a statement can result in penalties and fines. Additionally, providing a statement can help to ensure that new employees are aware of their entitlements and conditions of employment, which can help to prevent disputes and misunderstandings later. 

For employees, Fair Work Information Statements provide important information about their employment conditions and entitlements. This can help employees to understand their rights and ensure that they are being treated fairly by their employer. It also provides a basis for employees to negotiate with their employer if they believe that their conditions or entitlements are not being met. 

What information is included in a Fair Work Information Statement? 

Fair Work Information Statements include information about the National Employment Standards (NES) and modern awards.

The NES are the minimum employment entitlements that apply to most employees in Australia. They include things like minimum wages, leave entitlements, and other conditions of employment. Modern awards are industry or occupation-specific awards that set out minimum conditions for employees in those industries or occupations. Learn more about employment contracts here.

The statement also includes information about the Fair Work Ombudsman, who is the government agency responsible for enforcing workplace laws and resolving disputes. It also provides information about the employee’s right to join a union, if they choose to do so. 

If you need assistance with regard to meeting NES requirements, make an enquiry below and our team will provide you with the guidance you need.

What are the requirements for providing a Fair Work Information Statement? 

Under the Fair Work Act 2009, all employers in Australia are required to provide each new employee a Fair Work Information Statement before, or as soon as possible after, they commence employment. The statement must be provided in writing and in a language that the employee can understand. Employers can provide the statement in a physical or electronic format. 

If an employer fails to provide a Fair Work Information Statement to a new employee, they may be subject to penalties and fines. The Fair Work Ombudsman has the power to investigate and prosecute employers who fail to comply with their obligations under the Fair Work Act. 

How can employers provide Fair Work Information Statements to new employees? 

Employers can provide Fair Work Information Statements to new employees in a variety of ways. The most common method is to include the statement as part of the employee’s induction process. This ensures that the employee receives the statement at the beginning of their employment and has an opportunity to ask questions or seek clarification if needed. 

There are multiple Fair Work Information Statements, and you should be sure to provide the appropriate Information Statements for your employee’s situation.  Some employees may need to receive multiple Fair Work Information Statements.   

A Fair Work Information Statement is available here.  

There is also a Casual Information Statement for casual employees available here.   

It is always best practice to double check the Fair Work webpages to make sure that you are using the most up to date and recent Information Statements.  Information on the statements can change based on new legislation, regulations, and updates to entitlements (including minimum wages). 

Employers can also provide the statement electronically, such as via email or through an online portal. If providing the statement electronically, employers should ensure that the employee has access to the statement and is able to view it on a device that they have access to. 

In some cases, employers may need to provide a translated version of the statement if the employee does not speak English. The Fair Work Ombudsman provides translated versions of the statement in a number of different languages on their website. 

The Key Takeaway

Fair Work Information Statements are an important legal requirement for employers in Australia. They provide new employees with important information about their employment conditions and entitlements, including the National Employment Standards and modern awards. Failure to provide a Fair Work Information Statement to a new employee can result in penalties and fines. 

Employers can provide the statement as part of the employee’s induction process, either physically or electronically. If providing the statement electronically, employers should ensure that the employee has access to the statement and can view it on a device that they have access to. Translated versions of the statement are also available for employees who do not speak English. 

In summary, Fair Work Information Statements are an important part of employment in Australia. Employers should ensure that they comply with their obligations under the Fair Work Act 2009 by providing new employees with a statement that includes all the necessary information. This can help to prevent disputes and ensure that employees are aware of their entitlements and rights in the workplace. 

Get in touch with our experienced team of workplace lawyers to assist you in ensuring compliance with the Fair Work Act. Make an enquiry below or call us on 1800 820 083.

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