Australia Fair Work Information Statement (FWIS) Requirement

The Fair Work Information Statement is the single most-issued statutory document in Australian employment law. Under Fair Work Act 2009 (Cth) s.124, every employer in the national workplace relations system must give the Fair Work Information Statement (FWIS) to every new employee — full-time, part-time, and casual — before, or as soon as practicable after, the employee starts work. Casual employees additionally receive the Casual Employment Information Statement (CEIS) under s.125B. Failure to provide either is a civil-penalty contravention.

What the FWIS Is

The FWIS is a plain-language summary of the National Employment Standards (NES) and the rights and obligations of national-system employees. It is published and updated by the Fair Work Ombudsman (FWO) at https://www.fairwork.gov.au/employment-conditions/information-statements/fair-work-information-statement.

The current FWIS is a 2-page document covering:

• The 11 NES entitlements
• The right to make flexible work requests under s.65
• Modern awards and enterprise agreements
• The National Minimum Wage
• Termination, redundancy, and notice
• The Fair Work Information Statement contact details
• The Casual Employment Information Statement existence (for awareness)
• Workplace rights protections (s.340)
• Where to get help (FWO website, Fair Work Infoline)

Statutory Basis — s.124

Section 124 of the Fair Work Act 2009 (Cth) provides:

“An employer must give each employee the Fair Work Information Statement before, or as soon as practicable after, the employee starts employment.”

The “before or as soon as practicable after” formulation is forgiving but not unlimited. The FWO’s compliance guidance reads it as on day one or, at latest, within the first pay cycle. Delays beyond that are difficult to defend.

Casual Employment Information Statement — s.125B

The CEIS is a separate document specific to casual employees. Under Fair Work Act 2009 (Cth) s.125B (inserted by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 and amended by Closing Loopholes No. 2 Act 2024):

The CEIS explains the casual conversion / “employee choice” pathway under s.66B, the casual loading, the differences from full-time/part-time entitlements, and how to apply to the Fair Work Commission to resolve a dispute.

CEIS download: https://www.fairwork.gov.au/employment-conditions/information-statements/casual-employment-information-statement

Scope — Who Must Give the FWIS?

The FWIS obligation applies to all employers in the national workplace relations system under Fair Work Act 2009 (Cth) s.13–s.14:

• All Pty Ltd companies (constitutional corporations) wherever in Australia
• All employers in Victoria, NT, ACT — and (since the 2009/2011 referrals) NSW, QLD, SA, TAS — under s.30A
• WA private-sector employers of incorporated businesses

WA private-sector unincorporated employers (sole traders, partnerships) are in the WA state system and do not give the FWIS — they give the WA equivalent under WA legislation.

For the vast majority of Australian employers, the FWIS obligation applies.

How and When to Provide It

Best practice — bundled with the offer letter

The most defensible approach is to attach the FWIS (and CEIS for casuals) to the offer letter, alongside the written employment contract. The employee acknowledges receipt by signing the offer letter or a separate acknowledgement.

Acceptable — first day onboarding pack

Including the FWIS in the day-one onboarding pack (alongside the IEA, TFN declaration, super choice form, and policies) is acceptable so long as it is provided at the latest in the first week.

Not acceptable — verbal or “go look on the FWO website”

Telling the employee that the FWIS is “online if they want to read it” does not satisfy s.124. The employer must actively provide a copy (paper or electronic).

How to Issue the FWIS

The FWO publishes the current PDF at:

https://www.fairwork.gov.au/employment-conditions/information-statements/fair-work-information-statement

Acceptable delivery methods:

• Paper copy handed to the employee
• PDF emailed to the employee
• Link to the FWO PDF in an onboarding email with confirmation of receipt (the FWO regards this as compliant where the employee opens and acknowledges)
• Electronic onboarding system that records receipt

Whichever method, keep evidence — a signed acknowledgement, an email read-receipt, or an onboarding-system log.

Penalties for Non-Compliance — s.539

Failure to provide the FWIS or CEIS is a civil-penalty contravention under s.539. Maximum penalties (as indexed; current values at https://www.fairwork.gov.au/about-us/compliance-and-enforcement):

• For an individual contravention: 60 penalty units
• For a serious contravention (s.557A): up to 600 penalty units
• For a body corporate: 5x the individual amount

The FWO routinely issues compliance notices for FWIS / CEIS failures detected during audits. These are educational in the first instance but can escalate to penalty proceedings, particularly where coupled with underpayment or other contraventions.

Source: https://www.fairwork.gov.au/about-us/compliance-and-enforcement/penalties-for-not-following-the-rules

Practical Onboarding Workflow

1. Letter of offer — issue with attached FWIS and (if casual) CEIS. Employee signs and returns acceptance.
2. Pre-commencement — receive signed contract; confirm Director ID is not relevant here (that is a director-level requirement under Corporations Act 2001 (Cth) s.1272C, separate from the employee’s onboarding).
3. Day one — provide policies, induction, TFN declaration, super choice form, second copy of FWIS for the employee’s records.
4. Diary — for casuals, set 6-month and 12-month reminders to re-issue the CEIS (s.125B).
5. Records — retain a copy of the issued FWIS / CEIS and the employee’s acknowledgement for 7 years (s.535).

Special Cases

Apprentices and trainees

Apprentices and trainees are employees under the Fair Work Act 2009 (Cth) and must receive the FWIS.

Fixed-term and contract employees

Fixed-term and contract employees (whose contract is for a specified period) are still employees — they receive the FWIS. Note: under the Closing Loopholes No. 2 amendments, Fixed Term Contract Information Statements (FTCIS) are also now required at the start of each fixed-term contract under s.333E and s.333J — a separate document in addition to the FWIS.

Independent contractors

Independent contractors are not employees. They do not receive the FWIS. However, post-Closing Loopholes No. 2, certain “regulated workers” in road transport and gig work receive a separate information statement under different provisions.

Migrant workers

Migrant workers on visas are protected by the Fair Work Act 2009 (Cth) regardless of visa status — they must receive the FWIS in the same way as Australian-citizen employees. The FWO publishes the FWIS in 30+ languages at https://www.fairwork.gov.au/find-help-for/migrant-workers.

Common FWIS Errors

Why It Matters

The FWIS / CEIS is not paperwork for paperwork’s sake. The information statements are the primary mechanism by which Australian employees become aware of their NES rights. Many underpayment and unfair-dismissal claims arise where employees did not understand basic entitlements — leave accrual, public holiday rules, conversion rights — that the FWIS sets out. Providing a clear, current FWIS at the start of employment is the cheapest compliance investment an employer makes.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Australian solicitors, barristers, or migration agents.

Sources

• Fair Work Information Statement (FWO): https://www.fairwork.gov.au/employment-conditions/information-statements/fair-work-information-statement
• Casual Employment Information Statement (FWO): https://www.fairwork.gov.au/employment-conditions/information-statements/casual-employment-information-statement
• Fair Work Act 2009 (Cth): https://www.legislation.gov.au/Series/C2009A00028
• FWO compliance and enforcement: https://www.fairwork.gov.au/about-us/compliance-and-enforcement