Fair Work Information Statement: Employer Obligations

Hiring your first team member is exciting - and there are a few legal must‑dos to tick off as part of onboarding.

At the top of that list is giving every new employee the Fair Work Information Statement (FWIS). It’s a simple step, but missing it can lead to compliance issues.

In this guide, we’ll explain what the FWIS is, when and how you must provide it, and the practical steps to build it into your onboarding process (including for casuals and fixed term staff). We’ll also cover the documents and policies that help you stay compliant from day one.

What Is The Fair Work Information Statement (FWIS)?

The Fair Work Information Statement (FWIS) is a mandatory document that employers in Australia must give to every new employee. It explains the basic rights and entitlements under the Fair Work system - things like minimum pay, awards, workplace rights, the National Employment Standards (NES), flexible working, and where employees can go for help.

The goal is transparency. By issuing the FWIS at the start of employment, you help employees understand their rights and set clear expectations.

Important related statements to know about:

• Casual Employment Information Statement (CEIS): Must be given to every new casual employee. It outlines what casual employment is, casual loading, conversion rights, and where to get advice.
• Fixed Term Contract Information Statement (FTCIS): Must be given to employees engaged under a fixed term contract. It explains the rules that apply to fixed term arrangements.

Each statement is published and updated by the Fair Work Ombudsman. You’re responsible for giving the latest version to new starters.

When And How Do You Need To Provide The FWIS?

You must provide the FWIS to a new employee before, or as soon as possible after they start work. For casuals, provide the CEIS on the same timetable. For fixed term employees, provide the FTCIS as well.

How you provide it is flexible - printed hard copy, email attachment, or a secure link to the most recent version are all acceptable. The key is that the employee actually receives it and can access it easily.

Best practice timing

• Permanent (full-time/part-time): Send the FWIS with the offer pack or on day one.
• Casual: Send the FWIS and the CEIS together with the offer or roster confirmation.
• Fixed term: Send the FWIS and the FTCIS with the contract.

Digital delivery and recordkeeping

Digital delivery is efficient, but keep a record. Save a copy of the email, include an onboarding checklist item, or use your HRIS to log that the statement was issued. If you provide a link, make sure it points to the current statement and that you can show the employee received it.

What about internal moves and rehires?

If an existing employee moves to a new role within the same employer, you generally don’t need to re-issue the FWIS unless they’re changing to a different employment category that requires another statement (for example, converting from casual to permanent - in which case you should give the FWIS if they didn’t previously receive it as a permanent employee). If you rehire someone after a break in service, treat it as a new engagement and issue the required statement(s) again.

What Should Employers Do In Practice?

It helps to weave the FWIS into a simple, repeatable onboarding process. Here’s a practical checklist you can adapt.

1) Build your onboarding pack

• Include the latest FWIS (and CEIS/FTCIS, if relevant) with the offer email.
• Attach the signed Employment Contract or Employment Contract (Casual) you intend to use for the role.
• Add any key workplace policies you require staff to read and acknowledge.

2) Use a simple delivery method

• Email PDFs of the relevant statements and save the sent email.
• Or, include a link to the latest statement versions in the offer letter, ensuring the links are accessible and up to date.

3) Record the step

• Add a tick box to your onboarding checklist: “FWIS (and CEIS/FTCIS) sent.”
• Store acknowledgements in the employee’s HR file (digital or physical).

4) Keep statements current

• Monitor updates from the Fair Work Ombudsman and refresh your templates as needed.
• Nominate a person (HR, operations, or the hiring manager) to own this step.

5) Align with awards and pay

At the same time, confirm the employee’s classification and pay rate against any applicable modern award or enterprise agreement. A quick internal review or a formal Award Compliance check helps ensure the contract and onboarding details align with minimum entitlements.

What Else Must You Tell New Employees Under Fair Work?

The FWIS is a starting point, but employees also need clear information about how their job works in practice. Make sure your onboarding covers:

• Employment status and probation: Whether they’re full-time, part-time or casual, their weekly hours, and any probation period.
• Hours and breaks: Roster patterns and rest and meal breaks (these often come from awards). If you’re setting break rules, align them with your award and read up on Fair Work meal breaks.
• Pay and penalties: Base rate, casual loading if relevant, overtime and penalty rates, and how and when pay is processed.
• Leave entitlements: Annual leave, sick and carer’s leave, public holidays, parental leave eligibility, and how to request time off.
• Notice and ending employment: Contractual and minimum notice periods, and any process for performance management.
• Safety and conduct: WHS responsibilities, anti‑bullying and harassment rules, and how to raise concerns.

Much of this can be embedded in your employment contracts and supported by clear policies and a concise staff handbook.

Documents And Policies That Support FWIS Compliance

Having the right documents in place makes FWIS compliance straightforward and helps prevent disputes. Consider the following essentials.

• Employment Contract: Sets out duties, hours, pay, leave, confidentiality, IP and termination. Tailor it for award coverage and the role.
• Employment Contract (Casual): Clarifies casual loading, minimum engagement, conversion rights, and how shifts are offered and accepted.
• Workplace Policy: A suite of policies covering conduct, leave processes, WHS, bullying/harassment, IT and devices, and complaint handling.
• Staff Handbook: A practical, single source of truth that brings key policies and procedures together for onboarding.
• Performance and termination tools: Templates for warnings, show-cause letters, and termination letters to ensure a fair process aligned with the FW Act and awards.
• Rostering and time records: Clear processes (and systems) to record hours, breaks, overtime and leave - vital for compliance and payroll accuracy.

Your documents should align with any applicable modern award and reflect your actual practices. If you’re unsure which award applies, get help early so your contracts and policies match the legal minimums.

Common Mistakes To Avoid

These are the issues we see most often when employers roll out the FWIS and related statements.

• Using outdated statements: The Ombudsman updates these documents - always link to or attach the latest version.
• Sending FWIS only after week one: The requirement is “before or as soon as possible after starting.” Make it part of the offer pack.
• Forgetting CEIS or FTCIS: Casual and fixed term engagements have their own statements. Include them with the FWIS for the relevant employees.
• Linking without access: If you provide a link behind a login or in a system new hires can’t access yet, they effectively haven’t received it.
• No proof of delivery: Keep a simple record (email sent, HRIS tick box, signed acknowledgement page).
• Contracts and policies don’t match awards: Even with the FWIS, a mismatch on classification, pay or breaks can create risk. A quick Award Compliance review can resolve this early.

Staying Compliant As Your Team Grows

Once your onboarding pack is set, compliance becomes routine - but it’s not “set and forget.” Build in a rhythm to review your templates and processes at least annually or when laws change.

• Monitor updates: Keep an eye on changes to the FWIS, CEIS and FTCIS, and refresh your onboarding pack.
• Audit your content: Check that your Employment Contract terms still align with minimum entitlements and your award.
• Train hiring managers: Ensure everyone who onboards staff understands when and how to issue the statements and collect acknowledgements.
• Spot-check rosters and breaks: Compare actual practices with award rules and your policies, including meal breaks and overtime.
• Keep an eye on notice rules: Update internal guides to reflect current notice periods and dismissal procedures.

Key Takeaways

• You must give every new employee the Fair Work Information Statement, and provide the CEIS for casuals and the FTCIS for fixed term staff.
• Send the statement(s) before or as soon as possible after the employee starts, and keep a simple record that you did.
• Build FWIS delivery into a standard onboarding pack alongside your contracts, policies and award classification details.
• Match your contract terms, rosters and breaks to the applicable modern award and National Employment Standards.
• Use clear documents - an Employment Contract, Employment Contract (Casual), Workplace Policy suite and Staff Handbook - to support compliance and reduce risk.
• Review your onboarding pack regularly so your statements and processes stay up to date with Fair Work changes.

If you’d like a consultation on FWIS compliance or to set up tailored employment contracts and policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.