Fair Work Information Statement

Employers must give this document to new employees when they start work
See fairwork.gov.au/fwis

IMPORTANT INFORMATION ABOUT YOUR PAY AND CONDITIONS

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

FAIR WORK LAWS AWARDS ENTERPRISE AGREEMENTS EMPLOYMENT CONTRACTS

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

Find your award at fairwork.gov.au/awards. Check if your workplace has an enterprise agreement at
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 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 fairwork.gov.au/minimum-wages

NATIONAL $21.38/hour or $812.60/week $21.38/hour $26.73/hour

MINIMUM WAGE (based on a 38 hour week) for part-time for casual
FROM 1 JULY 2022 for full-time employees employees employees

This is the adult minimum rate for employees with no award or enterprise agreement.
Lower rates may apply to juniors, apprentices, trainees and employees with disability whose disability
affects their productivity.

Use our free calculators to check your pay, leave and termination entitlements at:
fairwork.gov.au/pact

W H O CAN HEL P?
FAIR WORK OMBUDSMAN FAIR WORK COMMISSION
• information and advice about pay and entitlements • deals with claims of unfair dismissal and unlawful
• free calculators, templates and online courses termination, bullying, sexual harassment, discrimination
• help fixing workplace problems or ‘adverse action’ at work
• enforces workplace laws and seeks penalties • approves, varies and terminates enterprise agreements
for breaches of workplace laws. • makes, reviews and varies awards
• issues entry permits and resolves industrial disputes.
fairwork.gov.au - 13 13 94 fwc.gov.au - 1300 799 675

Page 1 of 3 Last updated February 2023

 Fair Work Information Statement
Employers must give this document to new employees when they start work
See fairwork.gov.au/fwis

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 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

(sick or carer’s leave) (pro rata for part-time employees)

2 days unpaid leave per permissible occasion 2 days unpaid leave per
Carer’s leave
(if no paid personal leave left) permissible occasion

2 days unpaid leave per

Compassionate leave 2 days paid leave per permissible occasion
permissible occasion

Employees of small businesses* – 5 days unpaid leave per year until 1 August 2023.
Family and domestic From 1 August 2023, 10 days paid leave per year
violence leave Employees of other businesses – 10 days paid leave per year
A small business is a business which had less than 15 employees on 1 February 2023.
*

Unpaid leave as required

10 days paid leave with make-up pay + unpaid leave
Community service leave for jury service
as required for jury service
• Jury service Unpaid leave to engage in other
• Voluntary emergency Unpaid leave to engage in other eligible community
eligible community service
service (such as voluntary emergency management

management activities (such as voluntary emergency
activities)
management activities)

Full-time, part-time and casual employees may be entitled to long service leave under the
Long service leave NES, an enterprise agreement or under state or territory legislation. Amount and eligibility
rules vary.

12 months unpaid leave for

Parental leave
12 months unpaid leave – can extend up to 24 months regular and systematic casuals
eligible after 12 months
with employer’s agreement – can extend up to 24 months
employment
with employer’s 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

A paid day off if you’d normally work. If asked to work
Public holidays to work you can refuse,
you can refuse, if reasonable to do so
if reasonable to do so

1–5 weeks notice (or pay instead of notice) based on

Notice of termination
length of employment and age

Redundancy pay
4 –16 weeks pay based on length of employment
eligible after 12 months
(some exclusions apply)
employment

The right to become a full-time

Casual conversion or part-time employee in some
circumstances

Page 2 of 3 Last updated February 2023

 Fair Work Information Statement
Employers must give this document to new employees when they start work
See fairwork.gov.au/fwis

F L E XI B I L ITY PROT ECT I ONS A T WORK

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

Union officials with an entry permit can enter the

workplace to talk to workers that they’re entitled to
represent, or to investigate suspected safety issues or ENDI N G EM PL OYM ENT
breaches of workplace laws.
When your employment ends, your final pay should
They must comply with certain requirements, such as include all outstanding entitlements, such as wages
notifying the employer, and can inspect or copy certain and unused annual leave and long service leave.
documents. Strict privacy rules apply to the permit
holder, their organisation and your employer to protect You may be entitled to notice of termination, or
your personal information. Find out more at: pay instead of notice. If you’re dismissed for serious
misconduct, you’re not entitled to notice. If you resign you
fwc.gov.au/entry-permits may have to give your employer notice. To check if notice
is required and what should be in your final pay visit:

fairwork.gov.au/ending-employment
A G R E E MENT MAK ING
Enterprise agreements are negotiated between If you think your dismissal was unfair or unlawful, you
an employer, their employees, and any employee have 21 calendar days to lodge a claim with the Fair Work
representatives (for example, a union). This process is Commission. Rules and exceptions apply. Find out more at:
called ‘bargaining’ and has to follow set rules. The Fair fwc.gov.au
Work Commission checks and approves agreements.
For information about making, varying, or terminating
an enterprise agreement visit:
T RANSFER OF BUSI N ESS
fwc.gov.au/agreements
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)
D I D YO U K NO W? job, some of your entitlements might carry over to the
new employer. This may happen if, for example, the
You can create a free My account to save your business is sold or work is outsourced. Find out more at:
workplace information in one place at:
fairwork.gov.au/register
fairwork.gov.au/transfer-of-business
You can find free online courses to help you start a
new job or have difficult conversations at work, visit:
fairwork.gov.au/learning

The Record My Hours app makes it quick

and easy to record the hours you work.
fairwork.gov.au/app

Page 3 of 3 Last updated February 2023

 Casual Employment Information Statement
Employers must give this document to new casual employees when they start work.
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

? Who is a casual employee?

Note: Sometimes casual employees work a regular
You are a casual employee if you meet all the following pattern of hours. This doesn’t mean they’re permanent
criteria:
(full-time or part-time), but if the arrangements continue,
• you are offered a job they might be entitled to casual conversion in the future
• the employer makes no firm advance commitment (usually after 12 months).
that the work will continue indefinitely with an agreed
pattern of work, and
How do I become a permanent
• you accept the offer knowing that there is no firm
employee if I’m a casual employee?
advance commitment and become an employee.
Whether you’re a casual employee is assessed at the Under the National Employment Standards (NES), some

time you are offered and accept the job. casual employees have the right to become a permanent
(full-time or part-time) employee. This is known as ‘casual
What is ‘no firm advance commitment’? conversion’.
To work out if your employer made no firm advance
Some casual employees must be offered casual
commitment when offering you the job, only 4 factors
conversion by their employer while others can only
are to be considered. They are whether:
request it. You must have completed 12 months of work
your employer can choose to offer you work and it’s and meet other criteria.
your choice whether to work or not
The next page outlines when your employer has to offer
you’ll be offered work when your employer needs you casual conversion, and when you are entitled to
you to work request it.
your employment is described as casual Small businesses
you’ll be paid a casual loading or a specific pay rate If you are employed by a small business (fewer than 15
for casual employees. employees), your employer does not have to offer you
There isn’t 1 deciding factor and you don’t need all 4 casual conversion. However, in some circumstances
of them for there to be ‘no firm advance commitment’. you’re still entitled to request it.
It’s about weighing up the factors that are there (and The next page outlines when you are entitled to request
those that aren’t) and deciding whether overall your casual conversion if you work for a small business.
employer was or wasn’t intending to make a firm advance
commitment.
In writing
Example of ‘no firm advance commitment’ Under the NES, all offers, requests, refusals, and
responses for casual conversion must be in writing.
Priya is offered a job as a shop assistant. The job was
advertised as a casual position. ‘In writing’ can include handwritten, printed, and
electronic (for example, email) formats.
The shop owner says Priya will need to work when the
shop is busy or other staff are on leave. When business
is quiet, Priya will get less work. Priya will be offered shifts Some casual employees will be covered by awards
a week in advance and the shifts will vary week-to-week. and agreements with additional casual conversion
Priya can decline shifts if she wants to. Priya's pay rate will entitlements. Go to www.fairwork.gov.au/casual
include a casual loading. Priya accepts the job. for more information.

There was ‘no firm advance commitment’ in Priya’s

situation. Her employer didn’t commit to giving Priya Need help?
ongoing work. The shop owner made it clear that Priya's Not sure if you’re covered by an award or
shifts could vary, and that Priya wasn’t obligated to accept agreement? Visit www.fairwork.gov.au/awards and
shifts. The job was advertised as casual and Priya will www.fairwork.gov.au/agreements
be paid a casual rate of pay. Because this was clear at
the time Priya was offered and accepted the job, she is
considered a casual employee.

Page 1 of 3 Last updated November 2022

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

Does my employer have to offer me Can I request casual conversion?

?
casual conversion? You are entitled to request casual conversion if you meet
Only businesses with 15 or more employees have to offer all the following criteria:
casual conversion to their casual employees. you’ve worked for the business for at least
They have to offer you casual conversion if you meet all 12 months and 21 days (12 months if you work for a
the following criteria: small business)
you’ve been employed by them for 12 months you’ve worked a regular pattern of hours on an
you’ve worked a regular pattern of hours on an ongoing basis for at least the last 6 months
ongoing basis for at least the last 6 months, and you could continue working that pattern of hours as
you could continue working that regular pattern a permanent employee without significant changes,
of hours as a permanent employee without and
significant changes. during the last 6 months you haven’t:
Your employer doesn’t have to offer you casual • refused an offer of casual conversion
conversion if one of the following applies to you:
• been told you aren’t being offered casual
there are reasonable grounds for your employer conversion due to reasonable grounds, or
not to offer you casual conversion, or
• made a request for casual conversion that was
you haven’t worked a regular pattern of hours for refused on reasonable grounds.
at least the last 6 months.
What you need to do
What your employer needs to do
• If you are eligible and want to request casual
• If you are eligible for casual conversion – Make the conversion – Make the request in writing.
offer to you, in writing, within 21 days after your
What your employer needs to do
12-month anniversary.
• If they are granting your request – Consult with you
• If they aren’t offering casual conversion – Tell you
and respond in writing within 21 days of receiving your
the reasons why in writing, within 21 days after your
request.
12-month anniversary.
• If they are refusing your request on reasonable grounds
What you need to do
– Consult with you and tell you the reasons why in
• If your employer offers you casual conversion – writing within 21 days of receiving your request. If you
Respond in writing within 21 days. You can accept or meet the criteria again in 6 months, you can make
decline the offer. another request then.
• If you disagree with their decision not to offer you
casual conversion – Follow the steps outlined in the
‘What if there is a disagreement?’ section on the next ? What are ‘reasonable grounds’?
page. What counts as ‘reasonable grounds’ will depend
on your circumstances and your employer’s
Example of ‘regular pattern of hours’ circumstances.
Alex is a casual employee who works every Friday and They can include that within the next 12 months:
Saturday night at a restaurant on a regular basis.
• your position won’t exist
His hours and days don’t change.
• your hours of work will significantly reduce
Over a 6-month period, Alex misses 2 shifts due to illness.
By agreement with his employer he also takes 1 week off • the days or times your employer needs you to

during uni exams. work will change significantly, and you won’t
be available to work the revised schedule.
Even though Alex has taken some time off, this still meets
the definition of a ‘regular pattern of hours’. Reasonable grounds can also include that making
the offer or granting the request would not
comply with a recruitment or selection process
More information
required by or under a Commonwealth, State or
For more information about casual employment and
Territory law.
casual conversion, go to www.fairwork.gov.au/casual
and www.fairwork.gov.au/casualconversion

Page 2 of 3 Last updated November 2022

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

What if I disagree with my employer about casual conversion?

If you and your employer have a disagreement about casual conversion, including the rules and requirements for making
(or not making) a request or an offer, there are steps you can take to resolve it.
Depending on your circumstances, you may be able to have someone to support or represent you through the dispute
process (which could include a union entitled to represent you).
Step 1. First, check if you’re covered by an award or agreement. Not sure? Visit www.fairwork.gov.au/awards and
www.fairwork.gov.au/agreements
• If you are covered by an award or agreement, you need to follow the process that it sets out for dealing with
disputes about the National Employment Standards (NES). See the ‘Who can help?’ section below if you need
further help.
• If you’re not covered by an award or agreement, move to step 2.
Step 2. If you aren’t covered by an award or agreement you need to check if your employment contract or any other kind
of written agreement has a process for dealing with disputes about the NES or casual conversion.
• If it does, you need to follow the process that it sets out for dealing with the dispute. See the ‘Who can help?’
section below if you need further help.
• If it doesn’t, move to step 3.
Step 3. If the dispute resolution processes in steps 1 and 2 don’t apply to you, try to resolve the disagreement directly
with your employer by discussing it with them (you can use our free courses linked below to help you do this). If
you can’t resolve the issue this way, see the ‘Who can help?’ section below for where you can get help.

? 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?

If you’d like information or assistance, or you have an unresolved dispute, a third party may be able to help. Depending on
your situation and how you want to resolve the issue, there are a few different places that can help you.
The Fair Work Ombudsman and Fair Work Commission can help.
You can also seek help from the Federal Circuit and Family Court in some situations.

FAIR WORK OMBUDSMAN FAIR WORK COMMISSION

• provides information and advice about your • deals with disputes about casual conversion (if
employment type (casual or permanent) you are not able to resolve them directly with your
• provides information and advice about rights, pay employer)
and entitlements of casual employees, including • can deal with your dispute through mediation,
casual conversion entitlements conciliation, making a recommendation or
• has free calculators, templates and online courses expressing an opinion

• helps fix workplace problems • if you and your employer agree, can deal with your
dispute through arbitration (making a binding
• enforces workplace laws and seeks penalties for
decision).
breaches of workplace laws.
www.fairwork.gov.au - 13 13 94 www.fwc.gov.au - 1300 799 675
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (SMALL CLAIMS COURT)
You can seek help from the small claims court of the Federal Circuit and Family Court if your casual conversion 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 request casual conversion
• your employer has reasonable grounds to not offer casual conversion
• your employer has reasonable grounds to refuse your request for casual conversion.

www.fcfcoa.gov.au – 1300 352 000

Page 3 of 3 Last updated November 2022