Fair Work Information Statement
The information in this sheet only concerns national system employers and Victorian employers.
The provisions will commence operation on 1 January 2010.
The requirement to issue a statement of industrial rights to new and existing employees arose under the Work Choices legislation. However, it was removed by amendments to the Workplace Relations Act in March 2008.
What is the Fair Work Information Statement?
The Fair Work Information Statement (FWIS) is a fact sheet given to employees by their employer, which outlines prescribed information about an employee’s rights and entitlements at work, including the 10 National Employment Standards (NES), Modern Awards, agreement making, freedom of association and the role Fair Work Australia (FWA).
The purpose of the FWIS is to provide employees with advice about where to go for information and assistance on workplace issues, as well as providing contact details for FWA.
The FWIS will be prepared by FWA.
Who must it be given to and when?
The FWIS must be given to all new employees, who commence employment after 1 January 2010. It does not need to be provided to any existing employees.
Employers are not required to provide the information sheet to an employee more once in any 12 month period where they employ an employee more than once in the 12 month period (e.g. a casual employee).
What information will it include?
The FWIS will provide information about:
- the NES, i.e. what they mean and how they apply;
- modern awards;
- agreement making under the Fair Work Act 2009 (Cth);
- the right to freedom of association, i.e. the right to choose whether or not to be a member of a union;
- termination of employment;
- individual flexibility arrangements;
- right of entry (including the protection of personal information by privacy laws); and
- the role of FWA and the Fair Work Ombudsman.
Tips for Compliance
Employers should ensure they have a detailed list of all employees who must receive the Fair Work Information Sheet e.g. all new employees commencing employment after 1 January 2010.