Compulsory fact sheet for employees - are you ready for 20 July start date?

From Friday 20 July 2007, most employers will be required to give each of their employees a new fact sheet - or face a fine. It's therefore important that you understand the new obligations and ensure your human resources section complies with the new laws.

The requirement to give the fact sheet to employees was created by the Workplace Relations Amendment (A Stronger Safety Net) Act 2007, and comes into effect on Friday 20 July 2007. From that date, employers must take reasonable steps to ensure that every new employee receives the fact sheet within seven days of commencing employment. Employers must also take reasonable steps to ensure that all existing employees receive the fact sheet within three months – ie, by Saturday 20 October 2007.

The fact sheet is a one-page document that is available from the Workplace Authority, and can be either downloaded from its website or ordered over the phone. Versions of the fact sheet in languages other than English will be available shortly, as well as an audio version.

The fact sheet contains information regarding:

• The Australian Fair Pay and Conditions Standard
• Unlawful termination claims
• Freedom of association
• Employer record-keeping
• The role of the Workplace Ombudsman and the Workplace Authority
• The Fairness Test.

It is important to note that:

• The fact sheet can be given to an employee by email or in hard copy.
• All employees, including executives, employees who are not covered by an industrial instrument and casual employees, must receive the fact sheet.
• Employers should keep a record of the provision of the fact sheet to employees to be used if there is any issue raised about compliance.
• An employer may provide additional information to employees if it wishes to do so. The additional information may, for example, put into context those parts of the fact sheet which are particularly relevant to the employer's workplace.
• Employers should periodically check the Workplace Authority website to ensure that they are using the current version of the fact sheet.

Employers will be liable to a $110 fine for each employee who does not receive the fact sheet. However, the Workplace Ombudsman is likely to seek voluntary compliance before commencing legal action against employers for any failure to give the fact sheet to employees.