Fair Work Information Statement and Casual Employment Information Statement
When employers must give the Fair Work Information Statement and the Casual Employment Information Statement under sections 124 and 125B of the Fair Work Act.
What the statements are
The Fair Work Information Statement (FWIS) and the Casual Employment Information Statement (CEIS) are documents prepared and published by the Fair Work Ombudsman. The FWIS is published under section 124 of the Fair Work Act 2009 (Cth), while the CEIS is published under section 125B of the Fair Work Act 2009 (Cth). These statements are essential resources for new employees.
Both statements form part of the National Employment Standards — 11 entitlements deep dive and must adhere to a specific format and content as determined by the Fair Work Ombudsman. Employers must provide these statements to employees at the commencement of their employment.
Failure to provide either the FWIS or the CEIS to a new employee constitutes a civil penalty contravention under the Fair Work Act 2009 (Cth).
When the FWIS must be given
Section 125 of the Fair Work Act requires employers to provide the Fair Work Information Statement (FWIS) to each new employee. This obligation applies regardless of the type of employment – whether the employee is permanent, fixed-term, or casual.
The FWIS must be given 'before, or as soon as practicable after' the employee commences employment. This ensures the employee receives important information about their rights and obligations early in their employment.
The FWIS can be provided in either a hard copy format or electronically, such as via email or through an HR system. While employers are not required to obtain a signed acknowledgement of receipt, it is recommended that they retain some form of evidence that the FWIS was provided.
When the CEIS must be given
Section 125B of the Fair Work Act requires employers to provide the Casual Employment Information Statement (CEIS) to each casual employee.
Small business employers must give the CEIS to a casual employee at the commencement of their employment. Non-small business employers have additional obligations, providing the CEIS at the start of employment, then again after six months, after twelve months, and annually thereafter.
The CEIS was updated on 26 August 2024 to reflect the new 'employee choice' casual conversion pathway under section 66B introduced by the Closing Loopholes No. 2 Act. Employees should refer to this pathway for more information: Casual conversion 2024 — employee choice.
Penalties for non-compliance
Failure to provide either the Fair Work Information Statement (FWIS) or the Casual Employment Information Statement (CEIS) constitutes a contravention of a civil remedy provision under the Fair Work Act. This means employers can face financial penalties for non-compliance.
Individuals found to have contravened the Act may be subject to a maximum civil penalty of 60 penalty units. A body corporate (company) may face a maximum civil penalty of 300 penalty units per contravention.
The value of a penalty unit is currently $313, as of 1 January 2024. This value is subject to periodic adjustments, typically increasing each 1 July, in line with the Consumer Price Index.
Frequently asked
If we email both statements once at hire, are we done for casuals?
Small business — yes. Non-small business (15+ employees) — no. The CEIS must be re-issued at 6 months, 12 months and then every 12 months for the duration of casual employment.
Does the FWIS need to be issued in a language other than English?
The FWO publishes the FWIS in multiple community languages. Employers are not required to provide a translated version, but doing so supports the duty to take reasonable steps to ensure the employee understands the statement.