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

Overview

The Fair Work Act 2009 was enacted by the Parliament of Australia to create a modern, flexible and efficient workplace relations framework that promotes productive and harmonious workplace relations. It was introduced to address issues related to workplace disputes, unfair dismissals, and other employment-related matters. The policy objective of the Act is to provide a fair and effective workplace relations system that balances the rights and obligations of employees, employers and unions, and to promote efficient and productive workplaces. The Fair Work Ombudsman is responsible for enforcing the Act and ensuring compliance with its provisions. The Act aims to provide a nationally consistent and accessible system for resolving workplace disputes, with a focus on conciliation, mediation and negotiation. The Fair Work Information Statement is a document that provides employees with key information about their employment, including their rights and obligations under the Act. The statement is required to be provided to employees by their employer, and failure to do so can result in penalties under the Act. The Fair Work Ombudsman has the power to issue notices and take enforcement action against employers who fail to provide the statement to their employees. The publication of the Fair Work Information Statement on 1 July 2025 is intended to ensure that employers are aware of their obligations under the Act and to promote transparency and fairness in the workplace.

Scope and Application

The Fair Work Act 2009 applies to all employees, employers, and businesses in Australia, regardless of the industry or the size of the entity. It encompasses a broad range of conduct and transactions related to employment, including conditions of employment, dispute resolution, and workplace rights and obligations. The Act extends its reach across the Commonwealth, ensuring uniform labour standards and practices throughout the nation. Certain groups, such as public sector employees, are excluded from specific provisions of the Act, and there are also thresholds for small business exemptions. The Act allows for the creation of subordinate instruments that can further detail the application of its provisions, providing flexibility in addressing specific circumstances or industries. The Fair Work Information Statement, published annually, is a critical component of the Act, providing essential information to employers and employees about their rights and responsibilities under the legislation.

Key Provisions

The Fair Work Information Statement, published on 1 July 2025, outlines the key requirements under the Fair Work Act 2009, with sections such as Section 124(1) being particularly relevant (sections 124(1)). This statement provides essential information to employees and employers, ensuring that they are aware of their rights and obligations. It includes details about the minimum terms and conditions of employment, the process for making and resolving workplace disputes, and other fundamental aspects of workplace relations. The obligations imposed by the Fair Work Act on employers and employees are extensive and designed to foster fair and productive workplace relationships. Employers must provide employees with a Fair Work Information Statement, ensuring that it is up to date and compliant with the Act (section 124(1)). Employees, in turn, are required to be aware of their entitlements and the processes available to them for resolving disputes. The Act mandates that employers adhere to the National Employment Standards, which include maximum weekly hours of work, request for flexible working arrangements, and provisions for parental leave and notice (sections 65-70). Breaches of the Fair Work Act can result in various penalties and consequences. Employers who fail to provide the Fair Work Information Statement, or who provide incorrect information, may be subject to enforcement action by the Fair Work Ombudsman. This can include directions to remedy the non-compliance, financial penalties, or legal action in more severe cases (section 544). Employees who are aggrieved by an unfair dismissal or other workplace disputes can seek remedies through the Fair Work Commission, which has the authority to make orders for reinstatement, compensation, and other relief (section 393). The maximum penalties for serious breaches of the Act can include substantial fines for both individuals and corporations, reflecting the seriousness with which the law treats violations of workplace rights.