When it comes to onboarding new talent, there’s a lot to do. From letters of offer, contracts, confirming start dates, ensuring your on-boarding process is ready to go and having computers, mobile phones, workbenches or other such tools for the job are purchased so the new employee is set up well from the get-go.
As your friendly HR Consultants, we can help you set up processes that will make for positive onboarding experiences and sort your letters of offer and contracts making sure your first official (and legal) communications with your new employee are top notch.
But there’s more you have to do and there is a legal requirement attached. Don’t worry, it’s not too onerous but we thought we should take the opportunity to remind you, so you don’t get caught out in all the busyness of onboarding a new team member.
The Fair Work Information Statement
The Fair Work Information Statement (FWIS) outlines basic information regarding employees’ basic main rights and entitlements along with descriptions of the National Employment Standards. The FWIS must be provided to a new employee before their employment begins or as soon as is practicable thereafter. They may be given either in person, via email or direct electronic link, through the post, fax (does this still happen?) or any other means that ensure it gets into the hands of the appropriate recipient.
It is recommended that you record how the Fair Work Information Statement is provided.
You can download the latest Fair Work Information Statement here.
The Casual Employment Statement
Along with the FWIS, new casual employees must also receive the Casual Employment Information Statement (CEIS) either before their employment begins or as soon as practically feasible thereafter. Like the FWIS, the CEIS provides information regarding the rights and obligations of employment, but it clearly defines how they pertain to a casual employee.
You can download a copy of the Casual Employment Information Statement here.
The Fixed Term Contract Information Statement
New to the list of important information new employees may need to receive is the Fixed Term Contract Information Statement (FTCIS). Naturally enough, the FTCIS will need to be given to employees that will be employed under a fixed term contract. The FTCIS comes into play from the 6th December this year (2023) and must be given to the employee before, or as soon as practicable after, the contract is entered into.
Note that the Fair Work Ombudsman is yet to publish the FTCIS as yet but we will provide a link as soon as it becomes available.
Penalties
Not providing the Fair Work Statements to new employees violates a civil remedy provision within the Fair Work Act. This theoretically allows the employee to pursue a court order against the employer to claim compensation for losses resulting from this violation. However, in reality, it might be challenging for the employee to demonstrate losses eligible for compensation. Penalties range between $18,780 for an individual and $93,900 for a body corporate.
The Fair Work Ombudsman can decide to issue a warning in place of a penalty but repeated or deliberate non-compliance can attract a an on the spot infringement notice. These sit between $1878 for an individual and $9390 per breach for a body corporate.
As always, if you have any questions or would like to discuss improving your processes and meeting your compliance obligations, we are here to help so call or email and we’ll get you on the right path.
