Fair Work Information Statement

What Is a Fair Work Information Statement?

The Fair Work Information Statement (FWIS) is a statutory document that all employers in Australia must give to new employees. It is not a contract. It is a fact sheet prepared by the Fair Work Ombudsman that explains the workplace rights and entitlements of workers in the national workplace relations system.

The statement sets out the basics of the National Employment Standards (NES), modern awards, agreement making, termination of employment, and the role of various trade unions. It ensures that every worker starts a job with a clear understanding of the minimum legal standards that apply to them.

For business owners and tradies, this document is a critical part of the onboarding process. It ensures you meet your obligations under the Fair Work Act 2009 (Cth). Using a proper employment contract template alongside this statement helps establish a professional relationship from day one.

The FWIS is designed to be accessible. It removes the need for employers to interpret complex labour laws for every new hire. Instead, the government provides the information, and the employer simply delivers it.

When to Use This Document

You must provide the Fair Work Information Statement to every new employee. The law requires you to give it to them before they start their new job, or as soon as practicable afterwards.

This requirement applies to all national system employers. This covers approximately 85% of Australian workers. If you run a proprietary limited company (Pty Ltd), you are a national system employer and must comply.

There is no exception for small businesses. Even if you are a sole trader hiring your first apprentice, or a local café owner taking on a casual barista, you must provide this statement. The law applies regardless of your business size or annual turnover. There are no headcount thresholds.

You must also provide the document whenever an employee changes their status in a way that creates a new employment relationship. However, the most common time to provide it is during the initial induction.

The Casual Employment Information Statement

If you hire a casual employee, you have an extra obligation. Since March 2021, you must provide the Casual Employment Information Statement (CEIS) in addition to the standard FWIS. This is a separate requirement under Section 133A of the Fair Work Act.

The CEIS provides information about the rights of casuals, specifically regarding their pathway to permanent employment. Providing only the standard FWIS to a casual worker is a breach of the Act. You must provide both documents to casual staff.

Key Sections and Required Elements

The content of the FWIS is strictly prescribed. You cannot write your own version or summarise the information in your own words. You must use the official version published by the Fair Work Ombudsman. The document is divided into specific sections that cover the foundation of Australian employment law.

Section 1: The National Employment Standards (NES)

This section details the 11 minimum workplace entitlements that apply to all employees in the national system. These standards act as a safety net. The statement covers:

• Maximum weekly hours of work.
• Requests for flexible working arrangements.
• Parental leave and related entitlements.
• Annual leave.
• Personal/carer’s leave and compassionate leave.
• Community service leave.
• Long service leave.
• Public holidays.
• Notice of termination and redundancy pay.
• The provision of a Fair Work Information Statement.

Using this section helps employees understand their baseline rights. It is helpful to refer to your specific workplace policies during this discussion to show how they align with these standards.

Section 2: Modern Awards

This section explains that many employees are covered by a modern award. Awards are industry or occupation-based instruments that set out minimum wages and conditions. The statement informs the employee that they can use the Fair Work Ombudsman’s website to find the award that applies to them.

The section highlights that awards cover things like minimum wage rates, penalty rates for weekends or public holidays, overtime loadings, and allowances. This is particularly relevant for tradies and hospitality workers who often work irregular hours.

Section 3: Agreement Making

This part of the document outlines how pay and conditions are set. It explains the hierarchy of workplace instruments. It clarifies that an enterprise agreement, a registered agreement, or an individual flexibility arrangement (IFA) can set conditions, provided the employee is better off overall than they would be under the relevant award.

It ensures the employee understands that a common law contract cannot undercut the minimum standards in an award or the NES.

Section 4: Termination of Employment

This section is crucial for managing expectations at the end of the employment relationship. It outlines the minimum notice periods required by the NES based on the length of service. It also explains the concept of unfair dismissal and the role of the Fair Work Commission in resolving disputes.

Employers should note that this section explains the employee's right to seek redundancy pay in certain circumstances. It is a good idea to have a clear termination letter process ready for when employment ends, ensuring you follow these guidelines.

Section 5: Right of Entry

This section defines the rights of union officials to enter the workplace. It explains that union officials can enter premises to investigate suspected breaches of industrial laws or to hold discussions with employees. It sets out the rules regarding notice and behaviour while on-site.

Section 6: Role of the Fair Work Ombudsman (FWO)

The final section directs employees to the regulator. It provides contact details for the Fair Work Infoline and explains the services the FWO offers. This includes advice, mediation, and assistance in recovering unpaid wages. It empowers the employee to seek help if they believe their rights are being violated.

How to Write a Fair Work Information Statement (Step by Step)

You cannot "write" the content of the Fair Work Information Statement yourself. The text is mandated by legislation. However, you do need to prepare the document for delivery and integrate it into your hiring workflow. Here is how to handle it.

Step 1: Download the Current Version

Do not rely on a copy you downloaded a few years ago. The Fair Work Ombudsman updates the statement periodically to reflect changes in the law. For example, the statement has been updated to include domestic violence leave and changes to casual conversion rules.

Visit the Fair Work Ombudsman website to download the latest PDF. Ensure you also download the Casual Employment Information Statement if you are hiring casuals. Check the footer of the document for the "Last updated" date to ensure it is current.

Step 2: Prepare Your Onboarding Pack

Australian practitioners typically integrate the FWIS into their onboarding workflow. You should include the statement in your induction pack.

It is common practice to email the FWIS to the new starter along with their employment contract. This ensures they receive the statutory information before they commence work. If you use HR platforms like Xero, Employment Hero, or Deputy, these systems often have the FWIS built-in to the onboarding module.

Step 3: Do Not Modify the Text

You must not alter the core information in the statement. Some employers are tempted to delete sections they think are irrelevant, such as union right of entry, to make the document seem "friendlier." This is illegal. The Regulations require you to provide the information as set out in the legislation.

You can add your own cover letter or an introduction, but the FWIS itself must remain intact.

Step 4: Arrange for Delivery

The law states you must provide the statement "before, or as soon as practicable after, the employee starts employment." The safest approach is to provide it before they start.

You can provide it as a hard copy during an induction meeting, or send it electronically via email. Electronic delivery is acceptable and is now standard industry practice.

Step 5: Record the Provision

While the Act does not explicitly require the employee to sign an acknowledgment, it is a very good idea to keep a record. Fair Work Regulations require you to make and keep records of employment, and a record of providing the FWIS is your best defense against a claim of non-compliance.

Include an acknowledgment form in your onboarding documents. Ask the employee to sign a declaration stating they have received the FWIS and, if applicable, the CEIS. Place this signed record in their personnel file.

Common Mistakes to Avoid

Many small business owners in Australia make simple errors with the FWIS that can lead to penalties. Being aware of these pitfalls will help you stay compliant.

Using Outdated Versions

This is the most frequent mistake. The FWIS is updated periodically. If you use a downloaded version from 2018, you are likely breaching the Act because that version will not reflect recent legal updates. Always check the Fair Work Ombudsman website to ensure you have the current version.

Confusing FWIS with the Small Business Fair Dismissal Code

The FWIS is a hiring document. The Small Business Fair Dismissal Code is a dismissal document. Do not mix them up.

The Small Business Fair Dismissal Code applies to businesses with fewer than 15 employees. You must provide it to the employee at the time of dismissal. It does not replace the FWIS, which must be given at the start of employment. Mixing these up creates significant liability.

Omitting the Casual Employment Information Statement

Employers often hire a casual worker, give them the standard FWIS, and think the job is done. This is a specific breach of Section 133A. Casual employees require both the standard Fair Work Information Statement AND the Casual Employment Information Statement. Ensure you have both documents ready for casual hires.

Modifying the Document

Never edit the text of the FWIS to simplify it or remove sections you do not like. The content is prescribed by law. If you feel the language is too complex, you can provide your own explanatory guide, but you must still provide the official, unaltered statement.

Unintended Contractual Incorporation

Be careful how you attach the statement to the employment contract. If you physically attach the FWIS to the contract without a clear separator, a court or tribunal might interpret the summaries in the FWIS as the entirety of the employee's rights. This could potentially override more generous conditions in an award. Best practice is to provide the FWIS as a separate attachment or a separate email.

Legal Considerations (AU)

Compliance with the FWIS requirement is part of the broader framework of Australian workplace law. There are severe penalties for failing to meet this obligation.

Penalties for Non-Compliance

Failure to provide the FWIS is a breach of the Fair Work Act 2009. The Fair Work Ombudsman can issue infringement notices or take you to court. Penalties can be significant, ranging from thousands of dollars for a small business to much higher amounts for corporations. These are strict liability offences, meaning you can be penalised even if you did not intentionally withhold the information.

Record-Keeping Obligations

Under Regulation 2.31 of the Fair Work Regulations 2009, employers must make and keep records of employment. While the specific content of these records does not explicitly list "FWIS receipt," the obligation to provide the statement is statutory. If a dispute arises, the burden of proof is on you to show you met the requirement. A signed acknowledgment form is your strongest evidence.

State System Employers

The requirement applies to national system employees. This includes all employees of incorporated businesses (Pty Ltd). Unincorporated businesses (sole traders and partnerships) in Western Australia may be state system employees. However, the Fair Work Ombudsman recommends providing the statement as best practice. It helps ensure compliance with relevant state awards and avoids confusion. If you operate in WA as an unincorporated entity, check with the Western Australian Industrial Relations Commission to confirm your specific obligations, though providing the FWIS is still the safest course of action.

Interaction with Other Documents

The FWIS does not replace the need for other statutory documents. You must still provide Modern Award fact sheets if applicable, and you must meet your obligations regarding superannuation, tax, and workplace health and safety. The FWIS is one piece of a larger compliance puzzle. For example, you also need to ensure your employees have a Tax File Number Declaration and a Superannuation standard choice form.

Frequently Asked Questions (preview)

Can I email the Fair Work Information Statement? Yes, you can. Electronic delivery is acceptable under the Act. Most employers now email the document to new hires. Ensure you keep a copy of the email or a read receipt as evidence of delivery.

Do I need to provide the FWIS to independent contractors? No. The requirement applies to employees. Independent contractors are not covered by the NES in the same way. However, you should be careful not to misclassify an employee as a contractor to avoid providing the statement, as this is a serious offence with its own penalties.

What if I run a family business with only family members? If the family members are legitimate employees, you must provide the statement. The Fair Work Act applies to them just as it would to any other employee. There are no exemptions for family businesses.

Does the FWIS replace the need for an employment contract? No. The FWIS is information about the law. An employment contract is an agreement between you and the employee about their specific role, pay rate, and duties. You should always use a written employment contract in addition to the FWIS.

Where can I get the latest copy of the Casual Employment Information Statement? You can download the Casual Employment Information Statement (CEIS) from the Fair Work Ombudsman website. Ensure you download it fresh each time you hire, as the content is updated to reflect changes in casual employment laws.