Fair Work Information Statement

From the 1 January 2010, all employers that are covered by the national workplace relations system will be required to provide each new employee a Fair Work Information Statement (The Statement) before, or as soon as possible after, the employee starts employment.

To download the Statement follow the link below:

 Fair Work Information Statement 

It is now a legislative requirement that employers provide a Fair Work Information Statement to all new employees, & is also a part of the minimum standards of the National Employment Standards (NES).

How does the Statement have to be given to the employee?

The Statement may be given to an employee by the following methods:

• Giving it personally to the employee
• Sending it by pre-paid post to the employee’s residential address or a postal address as nominated by the employee
• Sending it to the employee’s email address at work or to another email address as nominated by the employee
• Sending by email to the employee’s email address at work or to another email address nominated by the employee an electronic link to the page on the Fair Work Ombudsman’s website where the Statement is located or an electronic link that takes the employee directly to a copy of the Statement on the employer’s intranet
• Faxing it to the employee’s fax number at work, fax number at home or another fax number nominated by the employee
• Via another method (an employer will need to ensure this meets the requirement to give the Statement to the employee, eg. by courier where there is a signed acceptance by the employee of receipt of the Statement).

Whatever method is used to give the Statement to an employee, it is recommended that the employer retain details of how the Statement was given.

Employment of the same employee more than once in 12 months

If the employer employs the same employee more than once in any 12 month period and gives the Statement to the employee commencing employment the first time, then there is no requirement to give the Statement more than once in any 12 month period.

What happens if the employer fails to give the Statement to a new employee?

Any employer who does not give the Statement to a new employee before, or as soon as possible after the employee starts employment, is contravening the terms of the NES. There are significant penalties given by Fair Work Australia for failing to give a Statement to a new employee.