Fair Work Information Statement

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 every new employee with the Fair Work Information Statement before, or as soon as practicable after, they start work.

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.
• The Fair Work Ombudsman updates the FWIS from time to time, and employers must give new employees the latest version.

What is in the Fair Work Information Statement?

The FWIS encompasses a range of crucial employment aspects:

• The 12 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 12 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. Eligible employees include those who are pregnant, parents or carers of a child of school age or younger, carers, people with a disability, people aged 55 or older, and people experiencing family and domestic violence or caring for a family or household member who is. Employers must respond in writing within 21 days, and can refuse only after discussing the request with the employee, genuinely trying to reach agreement and considering the consequences for the employee, and only on reasonable business grounds. The employee can take a dispute to the Fair Work Commission.

Casual conversion

‍Under the employee choice pathway, a casual employee who has worked for at least 6 months (12 months with a small business employer) and believes they no longer meet the Fair Work Act definition of a casual can notify their employer in writing that they want to change to full-time or part-time employment. The employer must consult them and respond in writing within 21 days. Employers no longer have to offer conversion.

Parental leave and related entitlements

‍Employees with at least 12 months' service (including long-term casuals) are entitled to up to 12 months of unpaid parental leave when a new child is born or adopted, including up to 100 days of flexible unpaid parental leave. 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 all employees, including casuals, can take 2 days of unpaid carer’s leave and 2 days of compassionate leave each time they need it. Compassionate leave is paid, except for casual employees. Additionally, all employees, including casuals, are entitled to 10 days of paid family and domestic violence leave in each 12-month period.

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, paid at their base rate for the ordinary hours they would have worked. 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.

Superannuation contributions

Employers must pay super contributions for eligible employees: 12% of qualifying earnings. Since 1 July 2026 (Payday Super), super must be paid with every pay run and reach the employee's fund within 7 business days of payday.

Fair Work Information Statement (FWIS) and Casual Employment Information Statement (CEIS)

‍Employers must provide every new employee with the FWIS, every new casual employee with the CEIS (and again after 6 months, after 12 months and every 12 months after that; small business employers: at the start and after 12 months), and every new fixed-term employee with the Fixed Term Contract Information Statement. These outline essential workplace rights and obligations.

New employee checklist

For a smooth induction process, preparing a comprehensive new employee onboarding checklist 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.

If you're unsure whether your onboarding paperwork is compliant, an HR compliance audit can check it, or call our 24/7 HR advice line on 1300 144 002.

Employer obligations

• Failing to distribute the Fair Work Information Statement can result in financial penalties under the Fair Work Act (up to $21,840 for an individual, $109,200 for a small business company and $546,000 for other companies per contravention, for conduct on or after 1 July 2026).
• 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 12 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.