Jul

19

Fair Work Information Statement

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The Fair Work Information Statement

All employers covered by the Fair Work Act 2009 have an obligation to give each new employee a Fair Work Information Statement (“the Statement”) before, or as soon as possible after, the employee starts employment.

The purpose of the Statement is to provide employees with advice about where to go for information and assistance on workplace issues, as well as providing contact details for Fair Work Australia, the body which oversees and governs the Fair Work Act.

The right for new employees to receive the Statement is one of the 10 National Employment Standards (“NES”) that apply to all employees. Together with modern awards, the NES provides a new safety net for employees covered by the Fair Work Act.


What is in the statement?

The Statement contains information about:

  • The NES – what they mean and how they apply;
  • The effect on an employee’s NES entitlements when there is a transfer of business;
  • Modern awards;
  • Agreement making under the Fair Work Act 2009;
  • Individual flexibility arrangements;
  • The right to freedom of association;
  • Termination of employment;
  • Right of entry (including the protection of personal information by privacy laws);
  • The role of the Fair Work Ombudsman and Fair Work Australia.

 

HOW CAN THE EMPLOYER GIVE THE STATEMENT TO THE EMPLOYEE?

Ferguson Cannon Lawyers recommends that you provide the Statement to the employee by:

  • Conducting a meeting to explain the employment contract and provide the Statement at the meeting or;
  • Sending it by pre-paid post to the employee’s residential address or a postal address nominated by the employee; or
  • Sending it to the employee’s email address at work or to another email address nominated by the employee.

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 same employee is employed more than once in any 12 months and the Statement was given to the employee when they commenced employment the first time, then there is no requirement to give the Statement to the employee. If they are reengaged after a 12 month period, the Statement must be provided to them again.

To obtain a copy of the Fair Work Information Statement, or for any other employment law enquiries please contact Tony Pattinson at Ferguson Cannon Lawyers.

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Category: Employment Law, Fact Finders, General

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