The Fair Work Information Statement: What Aussie Employers Need to Know

As an Aussie business owner, you have a responsibility to inform your employees of their workplace rights and entitlements. The Fair Work Information Statement (FWIS) is a big part of that process. 

Let’s dive in and find out what the FWIS is, why it matters and how you can implement it in your business.

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The Fair Work Information Statement is a document that outlines the basic rights and entitlements of employees in Australia. It’s a document that provides all employees with clear information about their workplace rights and the national employment standards.

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When your employees are informed of their rights, you’ll see:

• Fewer workplace disputes
• More trust and loyalty from your team
• A better reputation as a fair employer
• Improved sense of workplace morale.

Plus, you’ll avoid potential penalties for non-compliance, which can be steep.

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1. National Employment Standards (NES)
2. Right to request flexible working arrangements
3. Modern awards
4. Enterprise agreements
5. Individual flexibility arrangements
6. Freedom of association and workplace rights
7. Termination of employment
8. Right of entry
9. The role of the Fair Work Ombudsman and the Fair Work Commission

The Fair Work Information Statement is designed to be easily understood by your employees. It's explained in plain English, so you can be confident that your team can easily understand their rights and entitlements.

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You have several options for how to provide it:

• Hand it to them in person
• Send it by mail
• Email it directly
• Email a link to the Fair Work Ombudsman’s website
• Send it by fax
• Make it available on your company’s intranet

Including the FWIS in your onboarding package for new employees is a good practice. That way, you can ensure it’s provided consistently and on time.

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• The national minimum wage has increased to $915.90 per week (for a 38-hour week) or $24.10 per hour.
• The FWIS now includes information on the Casual Employment Information Statement (CEIS) and the Fixed Term Contract Information Statement (FTCIS).

These changes are part of the ongoing effort to ensure all employees, regardless of their employment type, are fully informed of their rights and entitlements.

What Happens If You Don’t Comply?

Not providing the Fair Work Information Statement to new employees can result in penalties. These penalties can be significant and can impact your business financially. You can find the latest penalty information for the current year on the Litigation page of Fair Work. It's important to prioritise providing the FWIS to new employees to avoid these penalties.

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• Create a standardised onboarding process that includes providing the FWIS. This could be a checklist that your HR team or hiring managers follow for every new employee.
• Record when and how you provided the FWIS to each employee. This could be as simple as a spreadsheet with the employee’s name, date of hire and date the FWIS was provided.
• Check the Fair Work Ombudsman website for updates to the FWIS. Set a reminder in your calendar to do this quarterly or bi-annually.
• Train your HR team or hiring managers on the FWIS. Ensure they understand the legal requirements and the benefits of having an informed workforce.
• Consider providing the FWIS in languages other than English for employees from diverse backgrounds. This shows you’re committed to inclusivity, and all employees can be fully informed.

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• The Fair Work Information Statement is a compulsory document outlining Australia's employee rights. 
• You must give it to all new employees before they start or as soon as practicable after they start. 
• The FWIS covers National Employment Standards, modern awards and workplace rights.
• Recent changes include information on casual employment and fixed-term contracts, reflecting the changing workforce.
•  Not providing the FWIS can result in big penalties, so prioritise it in onboarding.

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Do I need to give casual employees the Fair Work Information Statement?

Yes, you must give all new employees the Fair Work Information Statement, including casual employees. You’ll also need to give casual employees a copy of the Casual Employment Information Statement (CEIS) simultaneously.

How often do I need to update the Fair Work Information Statement I give to employees?

The Fair Work Ombudsman updates the FWIS annually, usually in June, to reflect changes in minimum wages and other employment conditions. Check the Fair Work Ombudsman website regularly, and make sure you’re always providing the latest version of the FWIS to new employees.

Can I customise the Fair Work Information Statement?

No, don’t modify the official Fair Work Information Statement. It’s a standard document provided by the Fair Work Ombudsman. However, you can provide additional company-specific information separately, such as in an employee handbook or as part of your onboarding process.

What if I’ve missed providing the Fair Work Information Statement to some employees?

If you’ve realised you’ve missed providing the FWIS to some employees, act fast to fix the situation. Give the current version of the FWIS to those employees as soon as possible and put a system in place to ensure it doesn’t happen again. If you’re worried about penalties, seek legal advice or contact the Fair Work Ombudsman for guidance.

Are there any exceptions to the Fair Work Information Statement?

The requirement to give the Fair Work Information Statement applies to all employers in the national workplace relations system. This means most businesses in Australia, except for some state government employers and businesses in Western Australia, are sole traders, partnerships or other unincorporated entities.

Other unincorporated entities could include trusts or joint ventures. If you’re unsure if your business is covered, check with the Fair Work Ombudsman or seek legal advice.