Employers Information, National Employment Standards and Information Statements
The Fair Work system has a number of key features you need to know:
The Fair Work Act provides a safety net of enforceable minimum employment terms and conditions through the National Employment Standards (NES).
The NES sets out 10 minimum workplace entitlements which apply to all employers and employees in the national workplace relations system from 1 January 2010 (however only certain entitlements apply to casual employees).
The NES replaces the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard), which applied up to and including 31 December 2009.
From 1 January 2010, all employers covered by the national workplace relations system 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 right for new employees to receive the Statement is one of 10 minimum standards in the National Employment Standards (NES) that apply to employment of employees. Together with modern awards, the NES provides a new safety net for employees covered by the national workplace relations system from 1 January 2010.
The Statement contains information about:
The Statement may be given to an employee by:
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 employer employs the same employee more than once in any 12 months and gave the Statement to the employee commencing employment the first time, then there is no requirement to give the Statement more than once in any 12 months.
Any employer who does not give the Statement to a new employee before, or as soon as possible after the employee starts employment, is contravening the terms of the NES. There are significant penalties for failing to give a Statement to a new employee.