Fair Work Information Statement - August 2020

Overview

The Fair Work Act 2009 was enacted by the Parliament of the Commonwealth of Australia to provide a balanced framework for the regulation of workplace relations, promoting productive and fair workplace practices. This legislation was introduced to address issues and gaps in the existing workplace relations system, aiming to create a more equitable and consistent approach to employment standards, dispute resolution, and the protection of employees' rights. The policy objective of the Act is to facilitate cooperative and productive workplace relations by ensuring fairness at work and preventing and resolving workplace disputes. As a cornerstone of Australian workplace regulation, the Fair Work Act 2009 establishes the Fair Work Commission and the Fair Work Ombudsman, both key entities tasked with enforcing and overseeing the implementation of the Act’s provisions. The Act seeks to strike a balance between the interests of employers and employees, ensuring that employment practices are fair and that disputes are resolved in an efficient and effective manner. By providing a clear and accessible framework for workplace regulation, the Act aims to enhance workplace fairness, productivity, and the overall health of the Australian economy.

Scope and Application

The Fair Work Act 2009 applies to employers, employees, and certain independent contractors across Australia. This comprehensive legislation covers a broad range of employment conditions, dispute resolution mechanisms, and the establishment of workplace rights and obligations. It encompasses various industries and types of employment arrangements, ensuring fair treatment and minimum standards for workers. The Act operates on a national level, applying to both Commonwealth and state jurisdictions, thereby establishing a uniform framework for workplace relations. Certain small businesses with an annual turnover of less than $2 million may be exempt from some of the provisions, and specific industries like agriculture, domestic workers, and casual employees may have tailored regulations under the Act. Additionally, the application and scope of the Fair Work Act can be extended or restricted through subordinate legislation, such as regulations and codes, which provide further detail and context to the overarching principles of the Act.

Key Provisions

The Fair Work Act 2009 (section 124) mandates the Fair Work Ombudsman to publish the Fair Work Information Statement. This statement provides essential information about workplace rights and obligations for employers and employees. The Fair Work Information Statement includes details about minimum wage rates, maximum weekly hours, leave entitlements, and other employment standards that are legally required under the Fair Work Act. It aims to ensure that both employers and employees are aware of their rights and responsibilities in the workplace, thereby promoting fair work practices. Under the Fair Work Act 2009, employers are required to provide their employees with a copy of the Fair Work Information Statement. This obligation is specified in section 124(2) and ensures that employees have access to critical information regarding their employment conditions. Employers must also display the Fair Work Information Statement in a prominent place where employees can easily access it. This includes ensuring that the statement is available in a format that is easily understandable for all employees, including those who may have limited English proficiency. By doing so, employers comply with their legal obligations to inform employees about their workplace rights and conditions. Failure to comply with the requirements set out in section 124 of the Fair Work Act 2009 can result in civil penalties. Section 546 of the Act states that an employer who fails to provide the Fair Work Information Statement to employees, or fails to display it as required, can be liable for a civil penalty. The maximum penalty for each contravention is specified in section 546(1) and can amount to up to $21,000 for a corporation and $4,200 for an individual. These penalties are intended to enforce compliance with workplace rights and standards, ensuring that employers fulfil their obligations to inform and protect their employees.