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Who can use this document?
This information statement should only be used by National System employers each time they are employing someone under a fixed term contract of employment.
It is supplied by the Fair Work Ombudsman and updated periodically.
Commentary
Employers are required to provide the Fixed Term Contract Information Statement each time a new Fixed Term Contract is entered into or as soon as practicable after they commence employment. This is in addition to providing employees with the Fair Work Information Statement.
The Statement covers the following topics:
- What is a fixed term contract;
- What are the new limitations on the use of fixed term contracts
- What are the exceptions to the new limitations
- Where an employee can go to for help; and
- the role of the Fair Work Ombudsman and the Fair Work Commission.
Giving the Statement to an employee
Employers can give the Statement to an employee by any of the following means:
- giving it personally to the employee
- sending it by pre-paid post to the employee’s residential address or a postal address nominated by the employee
- sending it to the employee’s email address at work or another email address nominated by the employee
- an electronic link to the page on the Fair Work Ombudsman’s website where the Statement is located, or an electronic link that takes the employee directly to a copy of the Statement on the employer’s intranet
- faxing it to the employee’s fax number at work, fax number at home, or another fax number nominated by the employee
- another method (an employer will need to ensure this meets the requirement to give the Statement to the employee, e.g. by courier where there is a signed acceptance by the employee of receipt of the Statement).
If the employer employs the same employee more than once in any 12 months and gave the Statement to the employee commencing employment the first time, there is no requirement to give the Statement more than once in any 12 months.
Failure to provide the Statement
There are significant penalties for employers who fail to give the Statement to a new employee before, or as soon as possible after they start employment.
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