UPDATE: SINCE OUR ORIGINAL BLOG POST, THE FAIR WORK INFORMATION STATEMENT HAS BEEN UPDATED AGAIN TO TAKE ACCOUNT OF THE COURT’S DECISION IN THE “MONDELEZ “CASE ON 21 AUGUST 2019 REGARDING PERSONAL/CARER’S LEAVE ACCRUALS.

THE FAIR WORK INFORMATION STATEMENT NO LONGER SAYS PART TIME EMPLOYEES ACCRUE PERSONAL/CARER’S LEAVE ON A PRO RATA BASIS.

Each year around the 1st of July, the Fair Work Ombudsman (“FWO”) releases an update to the Fair Work Information Statement (“FWIS”) to include any recent changes to employee entitlements. This update to the FWIS has recently been published by the FWO, reflecting the 2019 increase to the national minimum wage entitlements. So, what is the FWIS and what does this mean for your business?

What is a FWIS?

The Fair Work Information Statement (“FWIS”) is a document that is published by the Fair Work Ombudsman (“FWO”) and outlines to employees their minimum entitlements and rights in the workplace to ensure they are aware of these when commencing their employment.

The Statement provides employees with information on the National Employment Standards (NES), which are the minimum standards for all employees covered by the national workplace relations system, as well as information on:

  • Modern Awards & Agreements
  • Termination of Employment
  • Individual flexibility arrangements
  • Transfer of Business
  • The role of the Fair Work Commission and the Fair Work Ombudsman

Who is required to provide the FWIS?

Under the Fair Work Act 2009 (Cth) (‘the Act’) employers must provide a copy of the FWIS to all new employees, before or as soon as practical after they start their employment.

Employers are not obligated to provide the FWIS more than once in any 12 months, meaning if you re-hire an employee within the same 12 months, you do not have to issue the FWIS again.

How do I issue the FWIS to my employees?

An employer can provide the FWIS:

  • In person
  • By mail
  • By email
  • By emailing a link to the FWO website
  • By fax.

What if I don’t provide the FWIS to my employees?

The requirement to provide the FWIS to new employees is a requirement under the NES and failure to do so would be in breach of the Act and could result in the an employer being fined.

How we can help

It is imperative that employers know their obligations to employees and ensure they are compliant with workplace laws. If you need assistance navigating your responsibilities as an employer, please contact Employment Innovations today.

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