What is the Fair Work Information Statement?
The Fair Work Information Statement (FWIS) is an important document issued by the Fair Work Ombudsman, providing an overview of the National Employment Standards (NES) and employment conditions. As an employer, it's your legal obligation to provide new employees with the Fair Work Information Statement when they commence their employment.
Importance of the Fair Work Information Statement
- The FWIS serves as an introductory guide for new employees, outlining their main rights and entitlements at work.
- It includes information about the Fair Work Commission, the Fair Work Ombudsman, and other essential workplace rights and responsibilities.
- Each year, the Fair Work Ombudsman updates the FWIS, with employers required to distribute the latest version to new employees.
What is in the Fair Work Information Statement?
The FWIS encompasses a range of crucial employment aspects:
- The 11 National Employment Standards (NES).
- Information on Modern Awards.
- Agreement making under the Fair Work Act 2009.
- The right to freedom of association.
- The roles of the Fair Work Commission and the Fair Work Ombudsman.
- Termination of employment, individual flexibility agreements, and the right of entry.
- Protection from discrimination and adverse action.
- Workplace flexibility and the right to request flexible working arrangements.
The 11 National Employment Standards
The NES sets out minimum rights for employees in Australia, including:
Maximum weekly hours
Full-time employees typically work up to 38 hours a week, but they may be required to work reasonable additional hours. The determination of what constitutes 'reasonable' additional hours considers various factors, such as the employee's personal circumstances, workplace needs, any health and safety risks, and the industry norms.
Requests for flexible working arrangements
Employees with at least 12 months of continuous service (including long-term casuals) have the right to request flexible working arrangements. These requests are pertinent in cases like parenting, caregiving, disability, age above 55, or experiencing domestic violence. Employers must genuinely consider these requests and can only refuse them on reasonable business grounds.
Casual conversion
Casual employees, after a period of regular and systematic employment, can request to convert their employment to full-time or part-time. Employers also have an obligation to offer casual conversion in certain circumstances.
Parental leave and related entitlements
Employees are entitled to up to 12 months of unpaid parental leave when a new child is born or adopted. There’s also the option to request an additional 12 months of leave. This entitlement applies to both parents and includes birth, adoption, and surrogacy arrangements.
Annual leave
Full-time employees are entitled to four weeks of paid annual leave per year based on their ordinary hours of work. Part-time employees receive this on a pro-rata basis. Shift workers may be eligible for an additional week of annual leave.
Personal/carer’s and compassionate leave
Employees (other than casuals) get 10 days of paid personal/carer’s leave per year, and two days of unpaid carer’s leave and compassionate leave as needed. Casual employees are eligible for unpaid leave. Additionally, all employees, including casuals, have access to five days of unpaid family and domestic violence leave each year.
Community service leave
Employees, including casuals, have the right to community service leave for certain activities like jury duty or voluntary emergency management activities. There's no limit on the amount of community service leave an employee can take.
Long service leave
This entitlement varies across states and territories in Australia but generally allows for extended paid leave for employees who have been with the same employer for a long time.
Public holidays
Employees are entitled to a day off on public holidays. An employer can ask an employee to work on a public holiday, but the employee can refuse the request if it’s not reasonable.
Notice of termination and redundancy pay
The NES prescribes the minimum notice periods employers must give when terminating employment, and redundancy pay employees may be entitled to when their position is made redundant.
Fair Work Information Statement (FWIS) and Casual Employment Information Statement (CEIS)
Employers must provide every new employee with the FWIS and every new casual employee with the CEIS, which outline essential workplace rights and obligations.
New employee checklist
For a smooth induction process, preparing a comprehensive checklist for new employees is beneficial:
- Provide the FWIS, an employee handbook detailing job descriptions, company culture, policies, and procedures.
- Include necessary forms like banking, Tax File Number, superannuation details, and Workplace Health and Safety policy.
- Ensure new employees understand and acknowledge these documents.
- Securely store all signed documents, complying with privacy laws.
Employer obligations
- Failing to distribute the Fair Work Information Statement can result in financial penalties under the Fair Work Act.
- Employers must ensure they provide the most current version of the Fair Work Information Statement to new employees.
Frequently asked questions
What is the Fair Work Information Statement?
The Fair Work Information Statement (FWIS) is a document that outlines the National Employment Standards and employment conditions in Australia. It's a legal requirement for employers to provide this statement to new employees.
Why is the Fair Work Information Statement important?
The Fair Work Information Statement informs new employees about their rights, entitlements, and the roles of the Fair Work Commission and Ombudsman. It's crucial for promoting a fair and informed workplace.
What does the Fair Work Information Statement include?
The Fair Work Information Statement covers the 11 National Employment Standards, information on Modern Awards, agreement making, workplace rights, and responsibilities, including termination of employment and flexible working arrangements.
How does the Fair Work Information Statement impact new employees?
The Fair Work Information Statement helps new employees understand their workplace rights and standards, ensuring they are aware of their entitlements and the legal framework governing their employment.
What are the employer's obligations regarding the Fair Work Information Statement?
Employers must provide the most current version of the Fair Work Information Statement to all new employees. Failing to do so can result in penalties under the Fair Work Act.
How should employers integrate the Fair Work Information Statement into employee onboarding?
Include the Fair Work Information Statement in the new employee induction process, along with job descriptions, company policies, and essential forms. Ensuring new employees understand and acknowledge these documents is key.