The Fair Work Ombudsman have updated the Fair Work Information Statement (FWIS), effective 13 August 2020. It is mandatory for employers to provide any new employees with a copy of the FWIS upon commencement of their employment. The FWIS contains information about the conditions of employment, including the National Employment Standards (NES), modern awards, termination of employment and individual flexibility agreements.

The FWIS was updated in response to the recent finding of the High Court in the Mondelez decision that the NES entitlement to 10 days of personal/carer’s leave is calculated based on an employee’s hours of work, not days. In other words, 10 days of personal leave can be calculated as 1/26 of an employee’s ordinary work hours in a year.

To comply with the Fair Work Act, it is vital that employers provide any new employees with the current FWIS. Any existing company documents should be updated to incorporate the current FWIS. The updated FWIS can be found here.

Please contact M+E for more information about legal requirements relating to employment.


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