The Fair Work Information Statement (FWIS) is an informative guide for employees regarding their conditions of employment that form part of the National Employment Standards (NES). The NES applies to all employees covered by the national workplace relations system. The FWIS explains each of the eleven minimum requirements that comprise the NES as well as information about:
- awards and registered agreements;
- the role of the Fair Work Commission and Ombudsman;
- rules around termination; and
- individual flexibility agreements.
As an employer, you must give every new employee a copy of the FWIS. Therefore, you must be aware of the contents of the FWIS.
Who Should Receive the Fair Work Information Statement?
You must give each new employee an FWIS when they commence employment after 1 January 2010, and you must do so before or as soon as possible after they start their new job. However, you do not need to give an FWIS to your employees more than once a year. Note that any employment, enterprise or other registered agreement cannot exclude any of the NES.
If your business also employs casual employees, you must give them a copy of the Casual Employment Information Statement (the CEIS) and the FWIS. While casual employees only have limited NES entitlements, you must still give them an FWIS when they sign their employment agreement.
Giving an FWIS To My Employees
There are many ways you can give your employees an FWIS. Depending on what is reasonable in the circumstances, you can give them the FWIS:
- in person;
- by post; or
- by email.
You can access the FWIS online by downloading it from the Fair Work website. This will ensure you provide the most up-to-date version of the FWIS and any translations into different languages where necessary.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Information in the FWIS?
Inside the FWIS, you will find information about the following:
- employee entitlements under Fair Work laws, awards, enterprise agreements and contracts;
- the National Minimum Wage, which as of 1 July 2022, is $21.38 per hour;
- the eleven NES;
- flexible work arrangements which allow certain employees to change how specific terms in an award or enterprise agreement apply to them;
- agreement making for the formation of an enterprise agreement; and
- employee entitlements in the instance of termination.
The National Employment Standards
In summary, the NES includes:
- maximum weekly hours for full-time employees, which is 38 hours a week;
- flexible working conditions for employees who have worked in your business for over 12 months and experienced a change in their personal circumstances;
- your obligation to offer your casual employees a full-time or permanent part-time role if they meet certain conditions;
- parental leave, which includes maternity, paternity, adoption and special maternity leave;
- annual leave, which is four weeks of paid leave for full-time employees;
- personal leave, which includes personal and carer’s leave;
- community service leave;
- long service leave, which, in NSW, is two months of paid leave for employees who have worked in your business for 10 years;
- public holiday entitlements;
- notice periods regarding termination and redundancy; and
- your obligation to provide Fair Work and Casual Employment Information statements to the relevant employees.
Importantly, an award, enterprise agreement and employment contract cannot diminish any of the eleven minimum entitlements that comprise the NES. Providing less than what the NES prescribes can result in a breach of the NES. This can attract penalties over $13,000 for an individual or $66,000 for a company.
Other Employment Documents
The FWIS should form part of the package you provide to your new employees, which would generally include the following:
- an employment agreement;
- an Employee Policies Handbook;
- a tax declaration form;
- a choice of superannuation form;
- a request for banking details; and
- an emergency contact form.
Key Takeaways
You must give full-time, part-time, and casual employees a copy of the Fair Work Information Statement (FWIS). It sets out the National Employment Standards (NES) and other information, such as applicable awards or agreements. You must give every new employee a copy of the FWIS before or as soon as possible after they start their new job. A failure to do so could result in contravention of the NES.
If you have questions about the FWIS, our experienced employment lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The National Employment Standards (NES) set out the minimum standards of employment for all workers under the national workplace relations system in Australia. Notably, an award, enterprise agreement and employment contract cannot provide less than the minimum entitlements that comprise the NES.
Yes. Under the NES, casual employees receive some benefits, including offers for casual conversion and unpaid leave.
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