Do employers need to provide a Fair Work Information Statement to all employees?

Employers covered by the national workplace relations system are required to give all new employees a Fair Work Information Statement; which contains information about various rights and obligations of employers and employees under the Fair Work Act 2009 (Cth) (FW Act).

Detailed rules under the Fair Work Regulations 2009 (Cth) (FW Regulations) apply in relation to the manner in which the Statement must be given to employees.

Civil remedies, including penalties, may be imposed if an employer fails to comply with the obligation to provide the Statement to an employee.

See Fair Work Information Statement.

Does an employer need to keep employee records?

Employers falling within the national system are subject to detailed record-keeping obligations under the FW Act and FW Regulations. These include requirements to maintain records, in the required form, in relation to matters such as the type of employment, starting date, pay and allowances, overtime, averaging of working hours, leave entitlements and balances, and superannuation contributions.

Employees and former employees are entitled to inspect and copy their employment records, which may also be made available to union officials (under union “right of entry” provisions) and Fair Work Ombudsman inspectors.

Employers must also provide employees with pay slips that meet the requirements set down in the FW Regulations.

Civil remedies, including penalties, may be imposed if employers fail to comply with their obligations in relation to record-keeping and the provision of pay slips.

See Record-keeping obligations of employers.