Do you have your Information Statements in order?

Under the Fair Work Act 2009 there are three types of Information Statements that employers need to give to their employees. There are civil penalties for employers who fail to do this.

Fair Work Information Statement (FWIS)

The FWIS gives employees basic information about pay and conditions of employment, such as minimum rates of pay, the national employment standards and where to get help if they need it.

You can access the FWIS here:

https://www.fairwork.gov.au/employment-conditions/information-statements/fair-work-information-statement

The FWIS has to be given to each employee before, or as soon as practicable after, they start employment.

Employers can give the FWIS to employees in any of the following ways:

• personally
• by pre-paid post
• by email
• by emailing them the above link
• by emailing them a link that takes them directly to a copy of the FWIS on the employer's intranet
• by another method

The FWIS gets updated every year (sometimes more often) and uploaded to the above website. So an easy way to stay compliant is to have a process for providing employees with the link. That way you don't have to change anything about your process when the FWIS gets updated.

One way to do this is to include the link in your letter of offer. That way you can be sure that each employee gets it before they start employment.

Casual Employee Information Statement (CEIS)

The CEIS has information about rights that casual employees have, such as the right to request conversion to part-time or full-time employment in particular circumstances.

You can access the CEIS here:

https://www.fairwork.gov.au/employment-conditions/information-statements/casual-employment-information-statement

The CEIS has to be given to each casual employee before, or as soon as practical after, they start employment.

Then it has to be given to them again as soon as practicable after:

• they have been employed for 6 months;
• they have been employed for 12 months;

and then every 12 months after that.

If an employer has less than 15 employees, they only have to give the CEIS to casual employees when they start and then after they have been employed for 12 months.

These time periods are based on each employee's period of service, so the timing of giving the CEIS is individual to each employee.

The CEIS needs to be given in addition to the FWIS. So casual employees should receive both the CEIS and the FWIS when they start employment.

The CEIS can be given to casual employees in the same ways that the FWIS can be given to employees.

Fixed Term Contract Information Statement (FTCIS)

The FTCIS provides fixed term employees with information about fixed term employment, such as the rules about when fixed term contracts are allowed to be made.

You can access the FTCIS here:

https://www.fairwork.gov.au/starting-employment/types-of-employees/fixed-term-contract-employees#fixed-term-contract-information-statement

The FTCIS has to be given to each employee before, or as soon as practicable after, they enter into a fixed term or maximum term contract.

The FTCIS need to be given in addition to the FWIS. So new fixed term contract employees should receive both the FTCIS and the FWIS when they start employment.

The legislation does not provide any guidance on how the FTCIS can be given to employees. It just says that an employer must "give" the FTCIS to the employee. We would expect that similar means could be used to give the FTCIS to employees as can be used to give the FWIS and CEIS to employees.

Need help?

Source Workplace's employment lawyers are here to help employers comply with their workplace obligations. If you need help for your workplace, please get in touch with Sean Melbourne .

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