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

Overview

The Fair Work Act 2009 was enacted to provide a balanced framework for the regulation of workplace relations. This legislation was introduced to address the need for a comprehensive and modern approach to employment relations, aiming to achieve fair work outcomes for employees, employers, and the community. The Act was passed by the Parliament of Australia and its overarching policy objective is to promote productive and harmonious workplace relations by ensuring that employees are treated fairly and equitably, while also providing flexibility and fairness to employers. The Fair Work Act 2009 establishes a national system for the resolution of workplace disputes and sets out the rights and obligations of employees and employers. It also provides mechanisms for the regulation of workplace conditions, including minimum wages and workplace rights. The Act aims to create a fair work environment by providing a safety net of minimum entitlements, promoting flexible and productive workplace relations, and ensuring that employers and employees can resolve disputes through fair and efficient processes.

Scope and Application

The Fair Work Act 2009, as amended by this notice, applies to all employers, employees, and prospective employees across Australia. The Act regulates the national workplace relations system, covering various aspects such as minimum wages, pay rates for certain classifications, maximum weekly hours of work, leave entitlements, and dismissals. It is applicable to all employees except those who are expressly excluded, such as employees of state and territory governments, as well as those covered by specific state and territory industrial instruments. The geographic reach of the Act extends nationally, applying to all industries and sectors within the Commonwealth of Australia. The Act includes provisions for subordinate instruments to further extend or modify its application, ensuring comprehensive coverage and adaptability to changing employment practices. Employers must provide the Casual Employment Information Statement to their casual employees, ensuring that these workers are informed about their rights and entitlements. The Act sets out various exclusions and exemptions, such as for small businesses with an annual turnover below a specified threshold, but these do not detract from the overarching aim of providing fair and equitable workplace conditions for the majority of Australian workers.

Key Provisions

The Fair Work Act 2009, under section 125A(1), mandates the requirement for employers to provide a Casual Employment Information Statement (CEIS) to their casual employees. This statement, published on 2 July 2025, must include specific information about the employee's employment conditions, such as the rate of pay, the basis for calculating ordinary hours of work, and details of any entitlements to leave or other benefits (sections 125A(2) and (3)). Employers are obligated to provide this statement to each casual employee when they commence employment and whenever there is a change in their employment conditions (section 125A(4)). The CEIS must be provided in writing and in a clear and accessible manner (section 125A(5)). Employers governed by the Fair Work Act 2009 have specific obligations related to the provision of the Casual Employment Information Statement. They must ensure that the information provided is accurate and up-to-date, and that it is delivered to the employee in a timely manner (section 125A(4)). Employers must also take steps to ensure that the employee understands the information provided in the CEIS. This may include providing additional explanations or clarifications if necessary (section 125A(5)). Furthermore, employers are required to keep a copy of the CEIS for at least five years for record-keeping purposes (section 125A(6)). Failure to comply with the requirements of the Fair Work Act 2009 in relation to the Casual Employment Information Statement can result in significant consequences. Employers who fail to provide the CEIS as required may be subject to civil penalties. The maximum penalty for a breach of the obligation to provide the CEIS can be up to $2,100 for an individual and $105,000 for a body corporate, depending on the nature and extent of the breach (section 546). Additionally, the Fair Work Ombudsman has the authority to seek an injunction to compel compliance with the Act's provisions (section 546A). In cases of serious or repeated non-compliance, criminal charges may also be pursued, with potential penalties including fines and imprisonment (section 547).