Fair Work Information Statement

Employers must give this document to new employees when they start work

IMPORTANT INFORMATION ABOUT YOUR PAY AND CONDITIONS

Find out more about your workplace entitlements and obligations during the impact of coronavirus at coronavirus.fairwork.gov.au

Employees in Australia have entitlements and protections at work, under:

FAIR WORK LAWS AWARDS ENTERPRISE AGREEMENTS EMPLOYMENT CONTRACTS

• minimum entitlements for all • set minimum pay and • set minimum pay and • provide additional conditions
employees conditions for an industry or conditions for a particular for an individual employee
• includes the National occupation workplace • can’t reduce or remove
Employment Standards • cover most employees in • negotiated and approved minimum entitlements
Australia through a formal process

Find your award at www.fairwork.gov.au. Check if your workplace has an enterprise agreement at www.fwc.gov.au/agreements

CASUAL EMPLOYEES If you are a casual employee, you also need to be given the Casual Employment Information Statement when
you start work. Visit www.fairwork.gov.au/ceis for more information.

PAY 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 $20.33/hour $25.41/hour Use our free calculators to

FROM 1 JULY 2021 full-time or part-time casual check your pay, leave and
termination entitlements at:
This is the adult minimum rate for employees with no award or enterprise agreement. www.fairwork.gov.au/pact
Lower rates may apply to juniors, apprentices and employees with disability.

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

Full-time and part-time employees Casual employees

4 weeks paid leave per year (pro rata for part-time
Annual leave
employees) + 1 week for eligible shift workers
Personal leave 10 days paid leave per year (pro rata for part-time
(sick or carer’s leave) employees)
2 days unpaid leave per permissible occasion (if no paid 2 days unpaid leave per permissible
Carer’s leave
personal leave left) occasion

2 days unpaid leave per permissible

Compassionate leave 2 days paid leave per permissible occasion
occasion
Family & domestic violence
5 days unpaid leave per 12 months 5 days unpaid leave per 12 months
leave

Community service leave 10 days paid leave with make-up pay + unpaid leave as
Unpaid leave as required
• Jury service required

• V
oluntary emergency Unpaid leave as required to engage
Unpaid leave as required to engage in the activity
management activities in the activity
Paid leave (amount and eligibility rules vary between states
Long service leave Varies between states and territories
and territories)
12 months unpaid leave for regular
Parental leave
12 months unpaid leave - can extend up to 24 months with and systematic casuals - can extend
eligible after 12 months
employer’s agreement up to 24 months with employer’s
employment
agreement
Full-time employees – 38 hours per week + reasonable additional hours
Maximum hours of work Part-time and casual employees – 38 hours or employee’s ordinary weekly hours (whichever is less) +
reasonable additional hours
An unpaid day off. If asked to work
A paid day off if you’d normally work. If asked to work you
Public holidays you can refuse, if reasonable to do
can refuse, if reasonable to do so
so
1-5 weeks notice (or pay instead of notice) based on length
Notice of termination
of employment and age
Redundancy pay
4 -16 weeks pay based on length of employment (some
eligible after 12 months
exclusions apply)
employment

The right to become a full-time

Casual conversion or part-time employee in some
circumstances

Last updated July 2021

Fair Work Information Statement
Employers must give this document to new employees when they start work

IMPORTANT INFORMATION ABOUT YOUR PAY AND CONDITIONS

F L E X I B I L I TY PROT ECT I ON S AT WORK

After 12 months employment, you can make a written All employees have protections at work. You can’t be
request for flexible working arrangements if you’re 55 treated differently or worse because you have or exercise
or over, a carer, have a disability, are experiencing violence a workplace right, for example, the right to request flexible
from a family member (or are supporting a family or working arrangements, take leave or make a complaint or
household member who is), or are the parent of, or have enquiry about your employment.
caring responsibilities for, a child of school age or younger.
This includes employees returning from parental or You have the right to join a union or choose not to, and to
adoption leave asking to work part-time to care for the child. take part in lawful industrial activity or choose not to.
Your employer must respond in writing within 21 days. They You also have protections when temporarily absent from
can only say no on reasonable business grounds. work due to illness or injury, from discrimination, bullying
You and your employer can also negotiate an individual and harassment, coercion, misrepresentation, sham
flexibility arrangement. This would change how certain contracting, and undue influence or pressure. Find out
terms in your award or enterprise agreement apply to you. more at:
An individual flexibility arrangement must be a genuine
choice – it can’t be a condition of employment – and it must www.fairwork.gov.au/protections
leave you better off overall. Find out more at:

www.fairwork.gov.au/flexibility A GREEM ENT MAKI NG

Enterprise agreements are negotiated between
D I D YO U K NO W ? an employer, their employees, and any employee
representatives (e.g. a union). This process is called
You can create a free My account to save your ‘bargaining’ and has to follow set rules. The Fair Work
workplace information in one place at: Commission checks and approves agreements. For
information about making, varying, or terminating an
www.fairwork.gov.au/register enterprise agreement visit:

You can find free online courses to help you start a www.fwc.gov.au/agreements
new job or have difficult conversations at work, visit:
www.fairwork.gov.au/learning
T RA N SFER OF BUSI NESS
The Record My Hours app makes it quick and
easy to record the hours you work. It’s free on the
App Store and Google Play. 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)
E N D I N G EMPLO YMENT job, some of your entitlements might carry over to the new
employer. This may happen if, for example, the business is
When your employment ends, your final pay should include sold or work is outsourced. Find out more at:
all outstanding entitlements, such as wages and unused
annual leave and long service leave. www.fairwork.gov.au/transfer-of-business

You may be entitled to notice of termination, or pay

instead of notice. If you’re dismissed for serious misconduct,
RI GHT OF ENT RY
you’re not entitled to notice. If you resign you may have to
give your employer notice. To check if notice is required and Union officials with an entry permit can enter the workplace
what should be in your final pay visit: to talk to workers that they’re entitled to represent, or
to investigate suspected safety issues or breaches of
www.fairwork.gov.au/ending-employment workplace laws.
They must comply with certain requirements, such as
If you think your dismissal was unfair or unlawful, you notifying the employer, and can inspect or copy certain
have 21 calendar days to lodge a claim with the Fair Work documents. Strict privacy rules apply to the permit holder,
Commission. Rules and exceptions apply. Find out more at: their organisation and your employer. Find out more at:

www.fairwork.gov.au/termination www.fwc.gov.au/entry-permits

WHO CAN HELP?

FAIR WORK OMBUDSMAN FAIR WORK COMMISSION
• information and advice about pay and entitlements • hears claims of unfair dismissal, unlawful termination,
• free calculators, templates and online courses bullying, discrimination or ‘adverse action’ at work
• help resolving workplace issues • approves, varies and terminates enterprise agreements
• enforces workplace laws and seeks penalties for • issues entry permits and resolves industrial disputes.
breaches of workplace laws.
www.fairwork.gov.au - 13 13 94 www.fwc.gov.au - 1300 799 675

If you work in the commercial building industry the Australian Building and Construction Commission can help.
www.abcc.gov.au - 1800 003 338
Last updated July 2021
Casual Employment Information Statement
Employers must give this document to new casual employees when they start work.
Transitional rules apply for existing employees. See www.fairwork.gov.au/ceis

IMPORTANT: New casual employees also need to be given the Fair Work Information Statement.
Visit www.fairwork.gov.au/fwis for more information.

? Who is a casual employee?

From 27 March 2021, changes to workplace laws relating to casual employees mean that you are a casual employee if:
• you are offered a job
• the employer makes no firm advance commitment that the work will continue indefinitely with an agreed pattern of work
• you accept the offer knowing that there is no firm advance commitment and become an employee.
Whether you’re a casual employee is assessed at the time you are offered and accept the job.

No firm advance commitment

To work out if your employer made no firm advance commitment when offering you the job, only 4 factors are to be considered.
They are whether:
• your employer can choose to offer you work and it’s your choice whether to work or not
• you’ll be offered work when the employer needs you to work
• your employment is described as casual
• you’ll be paid a casual loading or a specific pay rate for casual employees.
A regular pattern of work doesn’t automatically mean you’re permanent (full-time or part-time).
Find out more about casual employment at www.fairwork.gov.au/casual

Becoming a permanent employee (casual conversion)

As a casual employee, you have the right to become a permanent (full-time or part-time) employee in some circumstances.
This is known as ‘casual conversion’.

Small businesses
If you are employed by a small business (fewer than 15 employees), your employer does not have to offer you casual conversion, but
you can make a request to your employer if you meet the requirements for making a request (see table below). Unlike employees
who work for a business with 15 or more employees, you don’t have to wait until 28 September 2021 before you can make a
request. Find out more information about what a small business employer is and the rules for making a request
at www.fairwork.gov.au/casualconversion

Other businesses
If you work for a business with 15 or more employees, the rules about offers and requests for casual conversion are:

OFFERS REQUESTS

Your employer must offer you casual conversion if: From 28 September 2021, you can make a request to your
• you’ve been employed by them for 12 months employer to become a permanent employee if:
• you’ve worked a regular pattern of hours for at least the last • you’ve been employed by them for at least 12 months
6 months on an ongoing basis, and • you’ve worked a regular pattern of hours in the last
• your regular hours could continue as a permanent employee 6 months on an ongoing basis
without significant changes. • your regular hours could continue as a permanent employee
without significant changes
Your employer doesn’t have to offer you casual conversion if:
• you haven’t refused a previous offer to become a permanent
• there are reasonable grounds for them not to, or
employee in the last 6 months
• you are not eligible.
• your employer hasn’t told you in the last 6 months that they
Depending on when you started as a casual employee with the won’t offer you casual conversion on reasonable grounds,
employer, there are different rules and timeframes that apply. and
If you started as a casual employee before 27 March 2021, • your employer hasn’t already refused a request from you
your employer needs to assess whether they need to make you to become a permanent employee based on reasonable
an offer for casual conversion by 27 September 2021. If you meet grounds in the last 6 months.
the requirements, they need to make the offer to you in writing
within 21 days after making the assessment.You have to respond
in writing within 21 days after the offer is given to you.

Last updated August 2021

Casual Employment Information Statement
Employers must give this document to new casual employees when they start work.
Transitional rules apply for existing employees. See www.fairwork.gov.au/ceis

OFFERS
OFFERS (continued) REQUESTS
REQUESTS (continued)
If your employer decides not to offer you casual conversion You need to make the request in writing. You can make the
(including if you don’t meet the requirements because you haven’t request from 21 days after your 12-month anniversary.
been employed for 12 months), your employer needs to tell you Your employer has to respond within 21 days.
that in writing within 21 days of making the assessment but by no Your employer can only say no after consulting you, and only if
later than 27 September 2021. there are reasonable grounds. They have to tell you in writing.
If you started as a casual employee on or after 27 March 2021 If your employer refuses a request on reasonable grounds, you
and are eligible for casual conversion, your employer needs to won’t be able to make another request for 6 months. You’ll need
make the offer to you in writing within 21 days after your to meet the requirements to make another request.
12- month anniversary. You have to respond to the offer in writing
within 21 days after the offer is given to you.

If your employer doesn’t have to offer you casual conversion, they

need to tell you that in writing within 21 days after your 12-month
anniversary.

Find out more about casual conversion requirements

Find out more, including rules about timeframes, making the offer or request in writing and responding in writing, and what
counts as reasonable grounds, at www.fairwork.gov.au/casualconversion

What if there is a disagreement?

If you and your employer have a disagreement about casual conversion, there are steps you can take to help resolve it:
• If you’re covered by an award, agreement or employment contract with a process for dealing with disputes relating
to the National Employment Standards, you need to follow that process.
• If not, you need to try to resolve the disagreement directly with your employer first. If you aren’t able to resolve it, you can
refer your dispute to the Fair Work Commission.
You can also seek help from the Federal Circuit Court (including the small claims court) if your dispute is about whether:
• you meet the requirements for your employer to make an offer to you to become a permanent employee
• you meet the requirements to make a request to your employer for casual conversion
• your employer has reasonable grounds to not offer or agree to your request for casual conversion.
You can have someone to support or represent you through the dispute process (which could include a union entitled to
represent you).
Get help with conversations: Find free online courses to help you have conversations at work (including about casual
conversion) at www.fairwork.gov.au/learning

WHO CAN HELP?

The Fair Work Ombudsman, Fair Work Commission and Australian Building and Construction Commission can help:

FAIR WORK OMBUDSMAN FAIR WORK COMMISSION

• provides information and advice about your rights • deals with disputes about casual conversion (if you are
as a casual employee, including casual conversion not able to resolve them directly with your employer)
entitlements • can deal with your dispute through mediation,
• gives information and advice about pay and conciliation, making a recommendation or expressing
entitlements an opinion
• has free calculators, templates and online courses • if you and your employer agree, can deal with your
• helps resolve workplace issues dispute through arbitration (making a binding
decision).
• enforces workplace laws and seeks penalties for
breaches of workplace laws.

www.fairwork.gov.au - 13 13 94 www.fwc.gov.au - 1300 799 675

If you work in the commercial building industry the Australian Building and Construction Commission can help.
www.abcc.gov.au - 1800 003 338
Last updated August 2021