Notice under section 124(1) of the publication of the Fair Work Information Statement – August 2025

Overview

The Fair Work Act 2009 was enacted by the Commonwealth Parliament to provide a balanced framework for the regulation of the workplace relations system. It was introduced to address the need for a modern, flexible, and efficient workplace relations system that promotes economic prosperity and social inclusion. The overarching policy objective of the Act is to create a fair and productive workplace relations system that facilitates cooperative relationships between employers and employees, and provides mechanisms for resolving workplace disputes. The Fair Work Act 2009 seeks to achieve these objectives by setting out the rights and obligations of employers and employees, providing for the creation of modern awards and agreements, and establishing the Fair Work Commission as the central workplace relations tribunal. The Fair Work Information Statement, published under section 124(1) of the Fair Work Act 2009, is an essential tool designed to inform employees about their rights and obligations under the Act. It serves to enhance transparency and understanding in the workplace by providing clear and accessible information about the legal framework governing employment relationships. By ensuring that employees are well-informed, the Statement contributes to the overarching goal of promoting fairness and cooperation in the workplace.

Scope and Application

The Fair Work Act 2009 applies to employers, employees, and organisations within the Commonwealth jurisdiction of Australia, encompassing both the national and state levels. This Act regulates workplace relations by establishing the terms and conditions of employment, aiming to ensure fair treatment and equitable remuneration for employees. It applies to a broad range of industries and transactions, providing a framework for employment agreements, collective bargaining, and dispute resolution. Notably, the Act includes certain exclusions, such as specific categories of employees like those covered under state laws or those employed under Commonwealth industrial instruments. Additionally, the Act provides exemptions for small businesses meeting specific turnover thresholds, allowing them certain relief from the more stringent compliance requirements. The scope of the Act can be extended or modified through subordinate instruments, which provide detailed regulations and standards to support the overarching legislative framework.

Key Provisions

The Fair Work Act 2009, particularly in relation to the Fair Work Information Statement, mandates that employers provide specific information to their employees to ensure transparency and compliance with employment standards. Section 124(1) of the Act requires employers to furnish their employees with the Fair Work Information Statement, which outlines various employment rights and obligations (section 124(1)). This statutory requirement aims to empower employees with necessary knowledge to protect their workplace rights. The obligations imposed by the Act include ensuring that all employees receive this information in writing before starting work or within a specified period after employment commences (section 124(2)). Employers must also ensure that the information is legible, in plain language, and includes details such as minimum wages, award classifications, and other relevant employment conditions (section 124(3)). Furthermore, the Act stipulates that the Fair Work Information Statement must be updated annually and made available to employees at all times during their employment (section 124(4)). Failure to comply with these provisions can result in significant legal consequences. Employers who do not provide the Fair Work Information Statement as required may face civil penalties. The maximum penalty for an individual is $21,000, and for a corporation, it is $105,000 (section 532). Additionally, under section 546, courts may order employers to take corrective action, such as providing the required information to affected employees. Such breaches not only attract financial penalties but can also tarnish the employer's reputation and lead to employee dissatisfaction and potential legal disputes.