This article forms part of our series of blogs covering the National Employment Standards (NES). These are the minimum terms of employment that apply to those Australian workers who are part of the National Workplace Relations System (which is the vast majority of workers, refer here for more details), regardless of whether or not they are covered by an Award.
Whilst employers and employees can agree to terms that supplement the NES, they cannot provide for conditions that are less than the NES or the national minimum wage. The NES cannot be excluded, modified, or reduced; they form part of the “safety net” that covers the majority of Australian workers.
Provision of the Information Statements
Employers must give every new employee one or more information statements when they start work. Information statements are published by the Fair Work Ombudsman and help employees understand their employment-related rights/entitlements.
There are currently a total of 3 information statements:
- ALL new employees should be issued a copy of the Fair Work Information Statement, regardless of the nature of their employment
- If the employee is a casual, they must ALSO receive the Casual Employment Information Statement
- If the employee is employed for a fixed term, they must ALSO receive the Fixed Term Contract Information Statement.
Let’s take a look at each of them in turn…
The Fair Work Information Statement (FWIS)
Prior to commencement of a new employee, or as soon as possible after commencement, employers are required by law to provide them with a copy of the Fair Work Information Statement (“FWIS”).
In addition to information relating to the National Employment Standards, the FWIS includes information regarding employee rights to request flexible work arrangements, rights relating to termination of employment, the applicability of Modern Awards, and the role of the Fair Work Ombudsman and the Fair Work Commission.
The current version of the FWIS can be found HERE.
The Casual Employment Information Statement (CEIS)
In addition to the FWIS, if the new employee is a casual employee, they must also be given a copy of the Casual Employment Information Statement, which can be found HERE.
This statement has information on:
- the definition of a casual employee
- how casual employment can be changed, including when an employee can notify their employer of their intention to change to permanent employment
- the permissible reasons why an employer may not accept an employee’s notice of change to permanent employment, and
- the role of the Fair Work Commission to deal with relevant disputes.
This CEIS must also be issued to ongoing casual employees at the following times during their employment:
- for small business employers (with fewer than 15 employees) – after 12 months of employment
- for other employers – after 6 and 12 months of employment, and then after every 12 months of employment.
The Fixed Term Contract Information Statement (FTCIS)
A fixed term employee is an employee who has a contract that terminates at the end of a set period (for example, the contract ends on a set date, or after a period of time or a season has elapsed). Fixed term employees must, in addition to the FWIS, also receive a copy of the Fixed Term Contract Information Statement.
The FTCIS provides employees with information about fixed term employment arrangements, including the circumstances under which fixed term contracts can be made (and when they cannot), when they can be renewed/extended, and how relevant disputes can be managed.
The current FTCIS can be found HERE.
OTHER IMPORTANT POINTS:
- All information statements need to be provided directly to relevant employees by hand, by email, mail, emailing a link to the document, by fax or another suitable method (simply placing them on a notice board, or on the intranet, is not sufficient).
- The information statements are updated from time to time, so we recommend that you take steps to ensure that you provide your employees with the current versions (eg. don’t store the documents on your file system, download them via the links each time you need to use them, or direct your employees to the links).
- If you have casual employees, be sure to have a system in place to ensure you meet your obligations to reissue the statement during the course of their employment.
- Be sure to keep a record of which information statements have been made available to which employee, and the date and method of issue.
- If you have current employees who have not been provided with these documents in accordance with requirements, you should take steps to rectify the issue ASAP.
- Providing these statements to relevant employees in accordance with requirements is a legislative requirement. Non-compliance can result in penalties being applied, even if employees are paid correctly and other terms and conditions are applied, as non-provision of the information statements undermines an employee’s ability to be aware of and exercise their rights and entitlements.
- HOT TIP: download the statements now, using the links provided, and read them through to ensure that you are aware of and complying with other relevant requirements.
As always, if you’re unsure about your obligations or need help to manage your responsibilities as an employer, please get in touch.
This article provides general information which we believe to be correct at the time of posting. It is a summary and must not be considered complete, professional or legal advice. If you’re an employer and need support that takes into account your particular circumstances, please contact us directly.
