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Fair Work Information Statement

Fair Work Information Statement

Fair Work Act

25 June 2025 (Last updated 3 Dec 2025)

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Business owners and employers in Australia have to meet legislation and follow the law to avoid risks of non-compliance. One of their key duties under employment legislation is to provide employees with relevant documents such as Fair Work Information Statement.

What is a Fair Work Information Statement?

A Fair Work Information Statement (FWIS) is a document issued by the Fair Work Ombudsman (FWO) that gives new employees a general overview of the National Employment Standards (NES) and conditions of employment.

As a business owner and employer, you have a legal obligation to give new employees a copy of the FWIS before or as soon as practical after they start employment. You can give them a copy of the statement in-person or by email, email link to the FWO website, mail, or fax.

Under the Fair Work Act 2009 employers who do not distribute copies of the Fair Work Information Statement may face a financial penalty for a breach of the NES.

Information Statements

Employers must give every new employee one or more information statements when they start work. All new employees must receive the Fair Work Information Statement regardless of their employment type.

If the employee is casual, they must also receive the Casual Employment Information Statement. If the employee is employed for a fixed term, they must also receive the Fixed Term Contract Information Statement.

Information contained in the Fair Work Information Statement

The FWIS sets out an employee’s main rights and entitlements at work. The statement also contains information about the Fair Work Commission (FWC) and Fair Work Ombudsman (FWO).

Each year the FWO updates the FWIS and publishes a new version of the statement on or around 1 July. All employers are required to distribute the most up-to-date version of the statement to new employees.

Inside the FWIS is useful information about the following:

  • The 10 National Employment Standards (NES)
  • Modern Awards
  • Agreement-making under the Fair Work Act 2009
  • Right to freedom of association
  • Role of the Fair Work Commission and the Fair Work Ombudsman
  • Termination of employment
  • Individual flexibility agreements
  • Right of entry
  • Protection from discrimination and other adverse action
  • Flexibility in the workplace and the right to request flexible working arrangements

What are the National Employment Standards?

The National Employment Standards (NES) set out the minimum employee rights as they apply under Australian workplace law.

Below are the 11 National Employment Standards:

  • Maximum weekly hours of work: for a full-time employee, this is 38 hours per week unless their award or enterprise agreement specifies different hours, plus reasonable additional hours.
  • Requests for flexible working arrangements: Certain employees have the right to ask for a change to their current working arrangement.
  • Parental leave and related entitlements: Up to 12 months of unpaid leave and the right to ask for an extra 12 months of unpaid leave. Also includes adoption-related leave.
  • Annual leave: Four weeks paid leave per years. Some shift workers are entitled to an extra week of annual leave.
  • Personal/carer’s leave, compassionate leave, and family and domestic violence leave: 10 days of paid personal/carer’s leave, two days unpaid carer’s leave as required, two days compassionate leave as required, and 10 days of paid family and domestic violence leave each year (in a 12-month period).
  • Community service leave: Unpaid leave for voluntary emergency activities and leave for jury service. Full-time and part-time employees are entitled to ‘make-up pay’ (the difference between any jury duty payment from the court and their base rate of pay for the hours they would have worked) for the first 10 days of jury duty.
  • Long service leave: Paid leave for employees who have been with the same employer for a long time.
  • Public holidays:A paid day off on a public holiday (unpaid for casuals), except where the employee is reasonably asked to work.
  • Notice of termination and redundancy pay: Up to five weeks of notice of termination and up to 16 weeks of redundancy pay, both based on length of service.
  • Provision of a Fair Work Information Statement: Must be provided by employers to all new employees.
  • Superannuation contributions: Employers must make contributions to eligible employees'super funds under the super guarantee laws.

These standards apply to all employees covered by the national workplace relations system. But only a select number of workplace entitlements apply to casual employees.

The terms of a modern award or enterprise agreement cannot offer less than the minimum standards set out by the NES. However, a Modern Award or Enterprise Agreement is allowed to offer superior entitlements.

Consequences of non-compliance

Under the Fair Work Act 2009, providing the FWIS is a legal requirement for employers. Every employer must ensure the statement is provided to new employees as soon as practicable after commencement of employment. Failure to comply with these obligations can lead to penalties and workplace disputes.

Updating the FWIS

Employment laws and regulations in Australia are subject to change. It is essential you keep up to date with the latest legal requirements. Business owners and employers should review the FWIS periodically to ensure any legislative changes are reflected.

Changes can include:

  • Changes to the National Employment Standards
  • Updates in Modern Awards
  • Amendments in agreement-making or other employment legislation

Regular reviews and updates help protect your business from potential compliance issues.

New employee checklist

Preparing a new employee checklist is a great way to streamline the induction process and make sure new employees have all the information and guidance they need to transition smoothly into their new job.

Besides giving new employees a copy of the Fair Work Information Statement, you should also give them a copy of your official employee handbook containing information about the employee’s job description, tasks and duties, company culture, and policies and procedures. Other important documents you should give inductees include banking, Tax File Number and superannuation details, and Workplace Health and Safety policy.

Make sure the new employee has carefully reviewed all of these materials and they clearly understand the contents of each document. You can confirm this by having the new employee sign an acknowledgement form.

All documents signed by the new employee must be stored in a secure place which complies with privacy laws.

Know your obligations

Business owners and employers in Australia have many obligations and duties. Staff management, recruitment, performance management, health and safety are just some of them. Peninsula offers tailored support and resources developed to help you meet your obligations and minimise the risk non-compliance. Call our expert team to learn how we can help you.

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Related Guides

Fair Work Act

What is the Fair Work Act?

Australia is governed by complex labour legislation that controls employment relations, workplace health and safety, and related matters. The employer-employee relationship is governed by laws, regulations and instruments that every Australian employer should know. In this guide, we explain the Fair Work Act, its importance, National Employment Standards (NES), minimum wage, and modern awards. Fair Work Act summary The Fair Work Act 2009 (the Act) is one of the primary pieces of legislation that govern the employment relationship in most of Australia’s private workplaces. It is the foundation of all minimum standards and regulations for employment that fall within the national workplace system. The Act is something employers in all industries and of all business sizes that fall within that system should be familiar with. The Fair Work Act 2009 and the Fair Work Regulations 2009: Provide a safety net of minimum entitlements. Enable flexible working arrangements. Provide fairness at work and prevent discrimination against employees. The Fair Work Act aims to provide a balanced framework for workplace relations by: Providing for terms and conditions of employment. Setting out the rights and responsibilities of employees, employers, and organisations regarding employment. Providing for compliance with, and enforcement of, the Act. Providing for the administration of the Act by establishing the Fair Work Commission and the Fair Work Ombudsman. On top of these provisions and guidelines, the Act also gives employees a guaranteed safety net of fair, relevant, and enforceable minimum terms and conditions through the National Employment Standards (NES), Modern Awards, and National Minimum Wage orders. National Employment Standards (NES) Among the Fair Work Act’s purposes, it includes a provision of legislated National Employment Standards (NES). These minimum standards are mandatory for employees covered by the national workplace relations system regardless of industry, business size, or unique circumstances. The purpose of these standards is to protect the minimum entitlements of employees working in Australia under the national system regardless of their award, registered agreement, or employment contract, and as such they are unbiased and cover the following areas: Maximum weekly hours of work Right to request flexible working arrangements. Parental leave and related entitlements. Personal/carer’s and compassionate leave and family and domestic violence leave. Community service leave. Annual leave. Long service leave. Public holidays. Notice of termination and redundancy pay. Fair Work Information Statement (FWIS) and Casual Employment Information Statement (CEIS). Casual employment and the employee choice pathway. Allowing eligible casual employees to transition to permanent (full-time or part-time) employment. Superannuation contributions. The right to disconnect. Allowing eligible employees to refuse work-related contact outside of their working hours. The Fair Work Commission and The Fair Work Ombudsman Of course, the practical application of the Fair Work Act 2009 and any other underlying entitlements in workplaces is not entirely left to the discretion of employers. Two regulatory agencies oversee the correct adherence to the Act in workplaces around Australia: the Fair Work Commission and the Fair Work Ombudsman. Together, these agencies administer, govern, and cooperate in fair work within Australia. To be more specific about what the two bodies work to achieve: The Fair Work Commission administers the provisions of the Act, making, reviewing, and updating the legislation, awards, or registered agreements including award entitlements, and national minimum wages. It also operates as a tribunal to hear disputes and make rulings for employee claims regarding unfair dismissal and unlawful terminations or bullying and harassment.The FWC is responsible for enforcement of the FWA. The Fair Work Ombudsman provides information, advice, and guidance on the Act, ensures compliance and investigates allegations of breaches of the Act in the workplace. Modern awards While the National Employment Standards provide a base level of provisions that apply to all employees in the national workplace system, most minimum entitlements for wages and employment conditions are found in Modern Awards or registered agreements. The Fair Work Act 2009 also contains provisions for Modern Awards and registered agreements which provide an additional set of minimum entitlements and conditions for employees, within which employers must operate employment agreements for certain industries, occupations or, in cases of a registered agreement, group of employees within a business or group of businesses. These awards and registered agreements also provide additional enforceable minimum employment standards for specific job roles within both the industries and occupations that they cover. In short, employers must provide their employees with at least their minimum entitlements under the relevant award or agreement. If an industry or occupation is not covered by a Modern Award, there is a Miscellaneous Award which generally covers employees who are not covered by any other Modern Award, or else the employee is Award-free, in which case the NES will still apply. The conditions of Modern Awards and registered agreements are administered by the Fair Work Commission. Modern Awards and registered agreements such as Enterprise Agreements typically contain terms and entitlements relating to minimum wages, penalty rates, types of employment, flexible working arrangements, hours of work, rest breaks, classifications, allowances, leave and leave loading, superannuation, and procedures for consultation, representation, and dispute settlement. Modern Awards, and agreements may also cover terms about industry-specific redundancy entitlements – that is, additional provisions regarding what employees being made redundant are entitled to within a certain industry. National minimum wage As the name suggests, a minimum wage is the base rate an employee is entitled to be paid for their ordinary hours of work. The minimum wage can be based on a Modern Award, Enterprise Agreement, or National Minimum Wage order. Minimum wages under modern awards may differ depending on the employee’s employment type, age, or work capacity, and can include: Wage rates for adults, in some cases, at different rates according to experience and qualifications. Wage rates for juniors, employees with a disability, and employees to whom training arrangements apply. Casual loadings. Regardless of which industrial instrument the employee is working under, they cannot be paid less than the national minimum rate of pay or the minimum award rate of pay for the specific job they do. Even if a lower amount is agreed upon by the employee. The national minimum wage and pay rates under Modern Awards are reviewed by the Fair Work Commission (FWC) every year. This is to determine if an increase is justified based on national living standards. Any changes to the national minimum wage or pay rates under Modern Awards need to be in effect well in advance of the next financial year. Employers must remain vigilant in being aware of any changes to their relevant Modern Awards or national minimum wage to ensure they are not underpaying their employees. Fair Work Act and your responsibilities As a business owner or employer in Australia, you are generally bound by the Fair Work Act 2009. You are responsible for treating all your employees fairly and issuing them correct entitlements. Under the Act, employee entitlements such as the NES, Modern Awards, and Enterprise Agreements set the minimum pay rates and conditions and contracts. You cannot take away the minimum entitlements found in the NES or appropriate Modern Award. So, it is important to be well informed of your obligations under the Act. Like most legislation, the Fair Work Act 2009 can be complex.   Understandably, business owners and employers may find themselves confused by the technical language or legal terminology. For peace of mind about your obligations, call Peninsula for free initial expert advice. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Fair Work Act

The Fair Work Ombudsman

Business owners in Australia have many responsibilities and duties. If you employ people or run a business, you must know the organisations and authorities that govern workplaces. There are severe penalties and fines if, as an employer, you fail to keep up with your obligations. You may have read about the Fair Work Ombudsman or heard the term in the news. In recent years, many Australian companies have come under the scrutiny of the Fair Work Ombudsman, so it's a governmental organisation employers in all industries should know about. In this guide for business owners, we explain the role of the Fair Work Ombudsman, the difference between the Fair Work Ombudsman and Fair Work Commission (FWC) and your obligations as an employer. The Fair Work Ombudsman The Fair Work Ombudsman (the Ombudsman) is an Australian government agency responsible for promoting and monitoring compliance with Australian workplace laws. Some of these obligations include the application of Modern Awards and Enterprise Agreements, as well as rates of pay. If you are an employer and unsure of your Fair Work obligations, the Ombudsman's office is available to offer advice where necessary. The office of the Fair Work Ombudsman is an independent statutory agency created by the Fair Work Act. The Fair Work Ombudsman (FWO) has offices in every capital city and in regional locations across Australia. While the Ombudsman may appear to some employers as an active agent designed to help people understand Fair Work legislation, they also serve other helpful purposes. By providing advice and education to businesses and employers in general, the Australian work environment is made a much more efficient and comfortable place for all involved. They also offer clarifiction to avoid misunderstandings or confusions with the Fair Work Act. Employers and employees can contact the Fair Work Ombudsman for advice on terms associated with an applicable Modern Award for their industry or role. Alternatively, there is also the opportunity to check and clarify entitlements within an Enterprise Agreement such as pay rates, holidays or allowances. Functions Some of the key functions and responsibilities of the FWO set out in the Fair Work Act 2009 are: To provide education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations. Promote and monitor compliance with workplace laws. Inquire into and investigate breaches of the Fair Work Act. Take appropriate enforcement action. Perform statutory functions efficiently, effectively, economically and ethically. The FWO also appoints Fair Work Inspectors to investigate and enforce compliance with Australia’s workplace laws. Services The FWO provides some free services in Australia. These free services include: A single point of contact for reliable and timely information about Australia’s workplace relations system. Educating people working in Australia about fair work practices, rights and obligations. Assessing complaints or suspected breaches of workplace laws, awards and registered agreements and some Fair Work Commission orders. Litigating in some circumstances to enforce workplace laws and deter people from doing wrong in the community. Building strong and effective relationships with industry, unions and other stakeholders. The Ombudsman offers employers and employees free information and advice on pay, conditions, and workplace rights and obligations. Fair work inspectors Fair Work Inspectors are government officials appointed by the Fair Work Ombudsman under the Fair Work Act. This gives the Fair Work Inspectors certain powers to perform their role to promote and monitor compliance with relevant Commonwealth workplace laws. A Fair Work Inspector can: Investigate suspected violations of relevant Commonwealth workplace laws and Fair Work instruments. Conduct compliance audits. Investigate workplace complaints. Take steps to enforce relevant Commonwealth workplace laws and Fair Work instruments through the court system, where necessary. Conduct targeted education campaigns in industries and regions. They have powers to enter premises for compliance purposes if they believe either the Fair Work Act or a Fair Work instrument applies to the workplace or records or documents relevant to compliance are on the business premises. While on the premises, they have powers to inspect any work, process or object and interview anyone with their consent. They have more powers when on the premises that involve investigations and documents. A suitably qualified or experienced person may accompany a Fair Work Inspector on the premises. The Fair Work Act prohibits a person from intentionally hindering or obstructing a Fair Work Inspector (or a person assisting a Fair Work Inspector on premises) while performing functions or exercising powers. This includes denying entry to a premise or intentionally withholding documents. Fair work notice The FWO can give a person a written notice called Fair Work Notice compelling them to provide information to the FWO. It is issued under the Fair Work Act during certain investigations and can specify a requirement for the person to give information to the FWO, produce documents to the FWO or attend before the FWO at a specific time and place to answer questions relevant to an investigation. The Administrative Appeals Tribunal (AAT) issues a Fair Work Notice on application by the FWO. The Fair Work Notice can be given to a person or a company, however only individuals can attend to answer questions. You must comply with a Fair Work Notice. Failure to comply with a Fair Work Notice can result in penalties of up to $19,800 for individuals and $99,000 for small businesses (fewer than 15 people) up to $495,000 for larger companies. Fair Work Ombudsman vs Fair Work Commission The Fair Work Commission (FWC) is the independent national workplace relations tribunal. It is responsible for maintaining a safety net of minimum wages and employment conditions, as well as a range of other workplace functions and regulations. What it can do: Help employees and employers bargain in good faith and to make, vary or terminate enterprise agreements. Deal with applications relating to ending employment including unfair dismissal, unlawful termination or general protections. Deal with applications for an order to stop bullying at work. Make orders about industrial action, including strikes, work bans and lock outs. Provide mediation, conciliation and in some cases hold public tribunal hearings to resolve various individual and collective workplace disputes. Make workplace determinations, hear and decide on equal remuneration claims, and deal with applications about transfer of business, stand down, general protections and right of entry disputes. What it can’t do: Provide advice on entitlements under an award or registered agreements. Enforce minimum pay and award entitlements. Like the FWC, the Fair Work Ombudsman (FWO) works to ensure the correct understanding and implementation of the Fair Work Act’s legislation in Australia. However, unlike the FWC’s tribunal-nature, the FWO works to help employees, employers, contractors and the wider workplace community understand their workplace rights and responsibilities, with the key agenda being to keep workplaces fair through education and mediation. All of the FWO’s services are free and rather than operating in an enforcement capacity, they offer information, tools, templates and help for individuals to resolve workplace matters without the need for intervention. What they can do: Educate people about fair work practices, rights and obligations. Resolve workplace issues by promoting and monitoring compliance with suspected breaches of workplace laws, awards and registered agreements. Enforce workplace laws and seek penalties for breaches of workplace laws. Enforce certain orders made by the Fair Work Commission. What they can’t do Investigate unfair dismissal and unlawful termination applications. Make changes to the legislation, awards or registered agreements. Investigate bullying and harassment complaints or claims. Resolving workplace matters The ideal scenario for a workplace issue would be to have it resolved prior to any regulatory bodies becoming involved – this would not only save time but also reduce any discomfort between the parties. However, that is not always possible. If an employee suspects, or is aware of the fact, they are not receiving the correct entitlements as per Fair Work legislation, the Ombudsman is available to help resolve the issue through processes like mediation. However, there's always the option to seek advice before a problem arises. While it may seem like a big deal to have the Ombudsman involved in your employees’ work relations, their emphasis is on early intervention and resolution by providing advice and support. Seeking advice from the Ombudsman well in advance of any issues arising is the best way to prevent them occurring in the first place. In some cases, though, employers and employees do not seek the advice of the Ombudsman and serious instances of non-compliance can occur. If this happens the Fair Work Ombudsman may investigate any possible breaches of workplace laws. You should know that Ombudsman inspectors have a high level of power when they are conducting investigations. They are permitted access to inspect workplaces, review and copy documentation and records and even interview any person they believe will be able to assist with determining an outcome. For the most part, Ombudsman respond to employee complaints to conduct investigations. For example, if any employee has underpayment queries or makes complaints about actions and entitlements in the workplace, you will most likely receive a visit from an inspector. Sometimes Ombudsman inspectors review businesses at random. You should ensure you and your employees understand the Fair Work legislation relating to your industry and you are compliant. Even though the Ombudsman may receive a lot of complaints, they do not necessarily investigate every single request for assistance. As it is a relatively simple process to put forward a complaint, there needs to be some discretion in deciding which complaints are legitimate and require investigation. The Ombudsman chooses to investigate if the request for assistance is fairly significant or is of public interest. If your business is facing an investigation, it is in your best interest as the business owner to cooperate with the Ombudsman. You should consent to all their requests and make it as easy as possible for them to conduct the investigation. The best remedy for an investigation, and to guarantee you are not investigated in the first place, is to ensure you have a detailed understanding of your employment obligations. Be sure to have the correct documents, policies and procedures in place and are providing the correct entitlements to your employees. So, before any considerations of whether you may or may not be investigated by the Ombudsman, make sure you are aware of your requirements under the Fair Work Act 2009. If faced with an investigation, employers should seek professional advice on how to respond. Create fair workplaces with Peninsula Peninsula helps businesses understand and implement the correct workplace requirements in line with the Fair Work Act. We advise on how you can better comply with Fair Work legislation by calling one of our expert team. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Fair Work Act

The Fair Work Commission

As employer in Australia, you must be aware of groups and bodies that work for the benefit of employees. These bodies govern employer and employee relations and are crucial to your business and its growth. One of the most important bodies is the Fair Work Commission.  In this guide created for business owners, we explain the Fair Work Commission (FWC), the role of Fair Work Commission in Australia, and what you need to know for your business. The Fair Work Commission The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It's an independent body with the power to carry out a range of functions relating to employment. It was established by the Fair Work Act 2009. Initially called Fair Work Australia, it was renamed the Fair Work Commission by the Fair Work Amendment Act 2012. The FWC undertakes functions relating to the provision of simple, fair and flexible workplace relations for employees and employers by exercising powers granted under the Fair Work Act. As an organisation working for the benefit of Australia’s workforce, its functions include enforcing the safety net of minimum wages and employment conditions, enterprise bargaining, industrial action, dispute resolution, termination of employment, and a variety of other workplace matters. The Fair Work Commission operates in a similar way to a court. It can hear claims, and disputes which are related to the workplace and deliver binding decisions which must be adhered to by the employer and employee. The primary objective and responsibility of the FWC is to assist employees and employers in maintaining fair and productive workplaces. The role of the Fair Work Commission The Fair Work Commission has several roles and responsibilities. Some of its key responsibilities include: Maintains minimum wage and conditions by: Setting the national minimum wage Adjusting and creating Modern Awards Deciding on equal remuneration claims Hearing and deciding on major cases Helps with enterprise agreements by: Approving, varying, and terminating agreements Ensuring employers bargain in good faith Deals with issues relating to job loss or dismissal, including: Unfair dismissal Unlawful termination General protection breaches Redundancy Helps with issues about: An industry award or agreement Right to disconnect Bullying, harassment or violence at work Workplace sexual harassment Discrimination and adverse action Flexible working arrangements Extending unpaid parental leave Fixed term contracts Transfers of business Stand downs Casual to permanent status Unfair contracts for independent contractors Labour hire arrangement orders Makes orders and deals with disputes for regulated workers including: Minimum standards orders and guidelines. Road transport contractual chain orders and guidelines. Registering collective agreements for registered workers and businesses. Dealing with disputes about unfair deactivation and termination. Make orders about labour hire employees’ protected rates of pay Make orders about industrial action, including: Protected action ballots. Strikes, work bans and lockouts. Regulates registered organisations, such as unions and employer groups, by: Setting rules about right of entry Making inquiries and investigations The Fair Work Commission also has the power to award determination for employees. For instance, if a dismissal is deemed to be unfair, they can determine a reinstatement of the job, or even financial compensation depending on the particular circumstance. However, for a determination of this nature to take place, an employee must lodge an application form, as well as stipulate their reasoning. They may believe they have been: Unfairly dismissed Discriminated against, victimised or unfairly treated under the provisions of the Fair Work Act Bullied at work and want an order to prevent that from recurring After the application has been completed and submitted by the employee, the FWC will assess the application, and send documents to the employer with the request for a response to the claims. This is the beginning of the mediation process with the next steps being dependent on the employer’s response and the severity of the claim. Key things to remember Australia’s national workplace relations tribunal was first established as the Commonwealth Court of Conciliation and Arbitration Initially called Fair Work Australia, it was renamed as Fair Work Commission The tribunal is headed by a President The FWC doesn’t provide advice on wages, conditions and entitlements under an award or registered agreement The FWC doesn’t enforce minimum pay and award entitlements Operations The Commission consists of a President, Vice Presidents, Deputy Presidents, Commissioners Members and Expert Panel Members. The President of the Fair Work Commission (FWC) is responsible for overseeing the work of the tribunal and its members. The administrative arm of the Commission is overseen by the General Manager. The FWC is organised into six branches and each branch is responsible for a different area of operations. The six branches are: Dispute resolution and support services branch. Labour standards support branch. Tribunal support branch. Registered organisations services branch. Legal, performance, and engagement branch. Enabling services branch. Unfair dismissal Over 40% of applications made to the Fair Work Commission are related to claims of unfair dismissal. It's important to note that while many employees may consider their dismissal to be ‘unfair’, the Fair Work Commission defines an unfair dismissal as, “harsh, unjust or unreasonable”. When presiding over a matter, the Fair Work Commission does not only assess the question of fairness as to why the employee was dismissed, but also investigate how they were dismissed. What this means is even though an employer may have a legitimate reason to dismiss their employee, if the dismissal itself was not procedurally fair, it may still be deemed to be “harsh, unjust, or unreasonable”. When considering procedural fairness, the Fair Work Commission will make its determination based on three key factors: If the allegations were put to the employee in adequate detail. If the employee was allowed the opportunity to respond appropriately. Whether or not the employee’s response was considered before the termination was executed. As an employer, you should know when the Fair Work Commission assesses issues of unfair dismissal, it is expected employers are able to demonstrate they have taken all reasonable actions to resolve the issue prior to ending the employment. FWC and conciliation In the interest of promoting positive relations between employee and employer, the FWC also provides the opportunity for the two parties to have an informal conciliation before the case is listed for hearing. This is so both sides have the chance at coming to an agreed settlement without the need for a court hearing. The conciliation is hosted by an independent conciliator who is part of the Fair Work Commission. They do not represent or advocate for either employees or employers, with their role only to assist the two in reaching an agreement. While the conciliator will be an independent party to the discussions, they do play an active role in ensuring the proceedings occur in the most beneficial fashion for all involved. Specifically, the role of the conciliator is to: Actively help the parties to reach a resolution. Lead discussions and provide guidance. Explore the issues. Challenge views expressed, explore alternatives and comment on possible outcomes. If the conciliation process is unsuccessful in resolving the issue, the case will proceed to a formal conference or hearing – similar to a court hearing, unless the employee discontinues the application. It is often preferable for both parties that any unfair dismissal issues be resolved prior to a hearing as the process requires extensive preparation and representation for both parties. Build better businesses with Peninsula Employers and business owners in Australia have legal obligations towards their employees. Failure to meet these legal obligations can result in civil action or penalties. Peninsula has worked with thousands of business owners in Australia to help them understand the complexities of employment relations and the scope of the Fair Work Commission. Our team works hard to provide detailed resources, factsheets, newsletters, seminars, and workshops for employers on the latest updates and changes in the Fair Work system. Call our helpline today for free initial expert advice. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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