Notice under section 125A(1) of the publication of the Casual Employment Information Statement – August 2025

Overview

The Fair Work Act 2009, enacted by the Commonwealth Parliament, was introduced to establish a fair work system that promotes productive and cooperative workplace relations. This Act was created to address significant gaps in workplace rights and to provide a more balanced framework for resolving workplace disputes. Its overarching policy objective is to ensure fair and equitable treatment of employees, fostering a conducive environment for economic prosperity through harmonious industrial relations. The Fair Work Ombudsman, as noted in the text, plays a crucial role in enforcing the provisions of this Act by taking action against non-compliance, as evidenced by the issuance of the Casual Employment Information Statement in August 2025. This initiative underscores the commitment to transparent and informed employment practices, particularly for casual workers, ensuring they are aware of their rights and entitlements under the law.

Scope and Application

The Fair Work Act 2009 applies to employers, employees, and organisations across Australia, encompassing various industries and sectors, with a focus on regulating workplace relations and ensuring fair treatment. This Act aims to provide a safety net of minimum entitlements for employees, establish a fair work system that promotes flexibility and balance in workplace relations, and facilitate the resolution of workplace disputes. It extends its reach nationally, applying throughout the Commonwealth, each state, and territory in Australia. The Act sets out specific obligations for employers, including the provision of the Casual Employment Information Statement to employees engaged on a casual basis. This statement must inform employees about their rights and entitlements, ensuring transparency and fairness in casual employment arrangements. While the Act is broad in its application, it does include certain exclusions and exemptions, such as for small businesses that meet specified turnover thresholds, which may be exempt from certain provisions. The scope of the Act can also be extended or restricted through subordinate instruments, such as regulations and codes, which provide further detail and operational guidance on specific aspects of workplace relations.

Key Provisions

The Fair Work Act 2009, under section 125A(1), mandates the publication of the Casual Employment Information Statement, which was issued on 26 August 2025 by Anna Booth, the Fair Work Ombudsman. This statement (section 125A) is designed to provide essential information to casual employees regarding their employment conditions, rights, and obligations. It ensures that casual workers are aware of their entitlements, including the calculation of their ordinary hours of work and the rules concerning leave and termination. The Act imposes specific obligations on employers with casual employees. Under section 125A(2), employers must provide each casual employee with a written statement that includes details such as the employee’s ordinary hours of work, any additional entitlements, and information about access to benefits like paid parental leave and long service leave. This requirement ensures transparency and fairness in casual employment relationships. Employers must also display the Casual Employment Information Statement in a prominent location where casual employees work, as outlined in section 125A(3). Breach of the obligations set out in the Fair Work Act 2009 can result in significant consequences. Employers who fail to comply with the requirements to provide the Casual Employment Information Statement may be subject to enforcement actions by the Fair Work Ombudsman. The Act does not specify a particular penalty for non-compliance with section 125A, but it can result in legal proceedings, fines, or other remedies as deemed appropriate by the Fair Work Commission. Such penalties serve as a deterrent to ensure employers adhere to the legislated requirements, thereby protecting the rights of casual employees.