The Fair Work Information Statement
(FWI Statement) has now been released, and from 1
January 2010, all employers covered by the national workplace
relations system are required to provide the FWI Statement to new
employees before, or as soon as possible after, the employee
commences.
The right for new employees to receive
the FWI Statement is one of 10 minimum standards in the National
Employment Standards (NES) that apply to
employment of employees.
The FWI Statement contents
The FWI Statement provides basic information on matters affecting
an employee's employment, including information about the NES,
modern awards, agreement making, individual flexibility
arrangements, workplace rights, termination of employment, right of
entry and general information about the Fair Work Ombudsman and
Fair Work Australia.
What businesses need to know
An employer may give the FWI Statement to an employee by:
- giving it to the employee personally;
- sending it by pre-paid post to the employee's residential or
nominated postal address;
- sending it to the employee's email address at work or other
employee nominated email address (it will also be sufficient for an
employer to send by email an electronic link to the page on the
Fair Work Ombudsman's website where the FWI Statement is located or
to a copy of the FWI Statement on the employer's intranet);
- faxing it to the employee's fax number at work, home or another
number as nominated by the employee; or
- another method (for example by courier where there is a signed
acceptance by the employee of receipt).
Regardless of the method used to give
the employee the FWI Statement, employers should retain the details
of how the FWI Statement was given.
Failure to comply
Contravening the terms of the NES by failing to give the FWI
Statement to a new employee before, or as soon as possible after,
the employee starts employment may incur significant penalties.
Note
Click
here for a copy of the FWI Statement.
An employer who employs the same employee more than once in any 12
months, is not required to give the FWI Statement to the employee
more than once in that 12 month period.
For more information, please contact:
Louise Houlihan, Partner
Phone (direct): +61 3 9608 2273
Email:
l.houlihan@cornwalls.com.au