Notice under section 124(1) of the publication of the Fair Work Information Statement – November 2021

Overview

The Fair Work Act 2009 was enacted to provide a balanced framework for the protection of rights at work, facilitating more cooperative relationships between employers and employees. This Act was introduced to address gaps in the regulation of workplace relations, aiming to ensure fair treatment, and provide a system for resolving workplace disputes. The enacting body was the Commonwealth Parliament, and the policy objective was to establish a national workplace relations system that promotes productive and harmonious workplace relations. The Act seeks to achieve this by setting out the rights and obligations of employers and employees, providing a process for the resolution of workplace disputes, and establishing the Fair Work Commission and the Fair Work Ombudsman to enforce the provisions of the Act.

Scope and Application

The Fair Work Act 2009 applies to employees, employers, and prospective employers within the Commonwealth jurisdiction, encompassing all industries and regulating a wide array of conduct and transactions related to employment. This legislation provides for the establishment of minimum fair work conditions, the creation of a fair work system that protects employees' rights, and the enforcement of workplace relations laws. It ensures that employers provide employees with a Fair Work Information Statement, which outlines their rights and obligations under the Act, thereby promoting transparency and fairness in the workplace. The Act applies nationally across Australia, extending its reach to all states and territories. However, certain entities such as federal, state and territory governments, and local councils are subject to specific provisions or are excluded from some of the Act's applications. Additionally, small businesses with an annual turnover below a specified threshold may be exempt from certain requirements under the Act. The application and scope of the Act can be further extended or restricted through subordinate instruments, such as regulations and codes, which provide detailed guidance on specific aspects of the legislation.

Key Provisions

The Fair Work Information Statement, as published under section 124(1) of the Fair Work Act 2009, is a document that outlines essential information regarding the employment rights and obligations of employees and employers (section 124). This Statement serves to inform employees about their entitlements under modern awards and agreements, their rights to make certain requests, and the process for resolving disputes. Employers are required to provide this information to their employees at the commencement of employment and when there is a change in employment circumstances (section 123). The Act imposes several obligations on both employers and employees. Employers must ensure that they provide each employee with the Fair Work Information Statement. This requirement includes furnishing the Statement to new employees at the start of their employment, and to existing employees when there is a change in their employment conditions (section 123(1)). Employers also have a duty to ensure that employees are aware of their rights and obligations as stipulated in the Statement (section 125). Employees, on the other hand, must be aware of the contents of the Statement and understand their rights and obligations as outlined therein (section 126). Failure to comply with these provisions may result in various consequences for both parties. Breach of the obligations set out in the Fair Work Act 2009 can lead to civil and criminal consequences. Employers who fail to 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, the penalty can be up to $105,000 (section 535). Furthermore, ongoing failure to comply with the requirements can result in additional penalties of up to $4,200 per day for individuals and $21,000 per day for corporations (section 536). In addition to these civil penalties, criminal sanctions may apply. An individual officer of a corporation who is responsible for the compliance with these provisions and fails to take reasonable steps to prevent the breach can be subject to a maximum penalty of six months imprisonment or a fine of up to $3,000, or both (section 556). Corporations themselves can also be prosecuted criminally, with penalties reaching up to $1.05 million for serious breaches (section 555). These provisions underscore the importance of adherence to the Fair Work Act's requirements to avoid severe repercussions.