The transformation of our business to Norton Rose Australia is
not the only major change from 1 January 2010. The
National Employment Standards (NES) also commenced
from 1 January 2010.
Fair Work Information Statement
The Fair Work Information Statement is an easily overlooked
requirement under the NES, however, the provision of Fair Work
information Statements to all new employees is a legal requirement
under the Fair Work Act.
The NES requires that employers provide a Fair Work Information
Statement to all new employees covered by the Fair Work Act before
or as soon as practicable after they start employment (from 1
An employee is not required to be given an information statement
more than once in any 12 month period. For example if an employee
leaves and returns to employment with the same employer within 12
Giving the Fair Work Information Statement to new
It is important that employers establish a process for complying
with the NES provisions dealing with the Fair Work Information
The procedure should include documenting how and when the Fair
Work Information Statement is to be provided to each employee and
how those records are to be maintained.
This information may be required if there is ever a claim that
the employer has breached the NES Fair Work Information Statement
What does the Information Statement contain
The Fair Work Information Statement contains information about
employee rights and:
Agreement-making under the Act
The right to freedom of association
The role of FWA and the Fair Work Ombudsman
Termination of employment
Individual flexibility arrangements, and
Right of entry.
The Fair Work Information Statement will give employees a
heightened understanding of their employment rights so it is even
more important that employers ensure that they comply with their
legal obligations, particularly in relation to Modern Awards and
Employers should consider conducting a review of their
compliance with Modern Award entitlements and the NES.
Norton Rose can assist you with NES/Modern Award compliance
audits and strategic advice dealing with modern awards and
contracts of employment.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Treasurer Scott Morrison recently announced changes to a number of 2016 Budget superannuation contribution measures.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).