Fair Work Information Statement
Franchise partners must give every new employee a copy of the Fair Work Information Statement (the Statement) before, or as soon as possible after, they start their new job. The Statement provides new employees with information about their conditions of employment.
The Statement has information on the National Employment Standards right to request flexible working arrangements modern awards making agreements under the Fair Work Act 2009.
- individual flexibility arrangements
- freedom of association and workplace rights (general protections)
- termination of employment
- right of entry
- the role of the Fair Work Ombudsman and the Fair Work Commission.
The statement can be given to new employees: in person, by mail, by email or via our website.
Employees in Australia have entitlements and protections at work, under FairWork Laws minimum entitlements for all employees includes the National Employment Standards
Awards set minimum pay and conditions for an industry or occupation cover most employees in Australia
Enterprise Agreements set minimum pay and conditions for a particular workplace negotiated and approved through formal process
Employment contracts provide additional conditions for an individual employee
can’t reduce or remove minimum entitlements.
Find your award at www.fairwork.gov.au. Check if your workplace has an enterprise agreement at www.fwc.gov.au/agreements
Your minimum pay rates are in your award or enterprise agreement. If there is no award or agreement for your job, you must get at least the National Minimum Wage. You can’t agree to be paid less. Minimum pay rates are usually updated yearly.
Find out what you should get at www.fairwork.gov.au/minimum-wages
NATIONAL MINIMUM WAGE FROM 1 JULY 2020
$19.84/hour full-time or part-time
NATIONAL EMPLOYMENT STANDARDS
These are minimum standards for all employees. Rules and exclusions may apply. Your award or agreement may provide more. Find more information on the National Employment Standards at www.fairwork.gov.au/NES
After 12 months employment, you can make a written request for flexible working arrangements if you’re 55 or over, a carer, have a disability, are experiencing violence from a family member (or are supporting a family or household member who is), or are the parent of, or have caring responsibilities for, a child of school age or younger.
This includes employees returning from parental or adoption leave asking to work part-time to care for the child. Your employer must respond in writing within 21 days. They can only say no on reasonable business grounds.
You and your employer can also negotiate an individual flexibility arrangement. This would change how certain terms in your award or enterprise agreement apply to you.
An individual flexibility arrangement must be a genuine choice – it can’t be a condition of employment – and it must leave you better off overall. Find out more at: www.fairwork.gov.au/flexibility
When your employment ends, your final pay should include all outstanding entitlements, such as wages and unused annual leave and long service leave.
You may be entitled to notice of termination or pay instead of notice. If you’re dismissed for serious misconduct, you’re not entitled to notice. If you resign you may have to give your employer notice. To check if notice is required and what should be in your final pay visit:
If you think your dismissal was unfair or unlawful, you have 21 calendar days to lodge a claim with the Fair Work Commission. Rules and exceptions apply. Find out more at: www.fairwork.gov.au/termination
PROTECTIONS AT WORK
All employees have protections at work. You can’t be treated differently or worse because you have or exercise a workplace right, for example, the right to request flexible working arrangements, take leave or make a complaint or enquiry about your employment.
You have the right to join a union or choose not to, and to take part in lawful industrial activity or choose not to.
You also have protections when temporarily absent from work due to illness or injury, from discrimination, bullying and harassment, coercion, misrepresentation, sham contracting, and undue influence or pressure. Find out more at:
Enterprise agreements are negotiated between an employer, their employees, and any employee representatives (e.g., a union).
This process is called ‘bargaining’ and has to follow set rules. The Fair Work Commission checks and approves agreements. For information about making, varying, or terminating an enterprise agreement visit: www.fwc.gov.au/agreements
TRANSFER OF BUSINESS
If a transfer of business occurs, your employment with your old employer ends. If you’re employed by the new employer within three months to do the same (or similar) job, some of your entitlements might carry over to the new employer. This may happen if, for example, the business is sold, or work is outsourced. Find out more at: www.fairwork.gov.au/transfer-of-business
RIGHT OF ENTRY
Union officials with an entry permit can enter the workplace to talk to workers that they’re entitled to represent, or to investigate suspected safety issues or breaches of workplace laws.
They must comply with certain requirements, such as notifying G’day Ink, and can inspect or copy certain documents. Strict privacy rules apply to the permit holder, their organisation and your employer. Find out more at: www.fwc.gov.au/entry-permits LAST UPDATED AUG 2020