Did you know that, from January 2010, employers covered by the federal system will need to give all new employees a copy of the Fair Work Information Statement?

From 1 January 2010, employers covered by the federal system will need to give all new employees a copy of the Fair Work Information Statement, either before, or as soon as practicable after, they commence employment. It does not have to be given to existing employees.

The Fair Work Information Statement (FWIS) published last week by the Fair Work Ombudsman, contains information for employees regarding certain aspects of the Fair Work Act 2009 including the National Employment Standards, agreement making, freedom of association, termination of employment and the role of the Fair Work Ombudsman and Fair Work Australia.

The Fair Work Regulations 2009 set out the manner in which the Fair Work Information Statement can be provided to employees, which include:

• giving it to the employee personally;
• posting it to the employee’s home or other nominated address;
• emailing it to the employee’s work email address or other nominated email address;
• emailing an electronic link to the Statement to the employee’s work email address or other nominated email address;
• faxing it to the employee’s work, home or other nominated fax number; or
• any other method.

Employers should keep a record of the date that the FWIS is provided to an employee and the manner in which it is provided. The obligation only extends to giving a new employee the statement once in a 12 month period – so an employer who re-hired a casual employee several times over a year would only have to provide the statement once. Penalties of up to $6,600 for individuals and $33,000 for corporations apply for failure to comply.

A copy of the Fair Work Information Statement can be downloaded here.

It is essential that all employers are aware of this requirement and update their employment practices to ensure the Fair Work Information Statement is given to all new employees.