What is the Fair Work Information Statement?

The Fair Work Information Statement (FWIS) is an informative guide for employees about their conditions of employment which forms part of the National Employment Standards or NES. The NES apply to all employees covered by the national workplace relations system. The Statement explains each of the NES as well as information about:

• Awards;
• Agreements;
• Role of the Fair Work Commission and Ombudsman;
• Termination; and
• Individual flexibility arrangements.

Who Should Receive the Fair Work Information Statement?

The FWIS must be given to each new employee that commences employment after 1 January 2010. It must be received before or as soon as practicable after the employee starts their employment by law. The FWIS does not need to be given more than once every year which is relevant where an employee is employed 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, they should also receive the Fair Work Information Statement. While casual employees only have limited NES entitlements, they must still be given a FWIS Statement when they sign their employment agreement.

How Can a FWIS Be Given?

An employer can give the FWIS:

• In person;
• By post to their residential or postal address;
• Attached in an email;
• Electronically linked in an email; or
• By fax.

You can also access the FWIS online as the FWIS can be downloaded from the Fair Work website. This will ensure you are providing the most up to date version of the FWIS. It can also be translated into 27 different languages.

All employees should receive a copy of the Fair Work Information Statement upon signing their employment agreement. The employer may be fined up to $51,000 if they are a corporation or $10,200 if they are an individual if they do not provide an employee with the Statement.

Other Employment Documents

The Statement should form part of the package you provide to your new employees which would generally include:

• 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

It is vital that employers give their employees, whether full-time, part-time or casual, a copy of the Fair Work Information Statement. This is an important document that sets out the National Employment Standards as well as information about any awards or agreements that apply. The Fair Work Information Statement can be downloaded online or requested from the Fair Work website.

Do you have any other questions about the FWIS or need assistance with the Employment Package set out above for your new employee? Get in touch with our Employment Lawyers by filling in the form below or calling 1300 544 755.