A new mandatory requirement for federal workplace relations system employers to provide their employees with a “Workplace Relations Fact Sheet” is now in force following recent amendments to the Workplace Relations Act 1996.
The obligation applies to all employers covered by the federal workplace relations system in relation to all of their employees; including award free and managerial employees. There are no exceptions. A penalty of $110.00 per employee can be imposed if an employer fails to meet these new obligations.
The “Workplace Relations Fact Sheet” has to be provided to employees as follows:
New employees - If you employ a new employee from 20 July 2007 you must take reasonable steps to ensure the employee is given a copy of the “Workplace Relations Fact Sheet” within seven days of the commencement day on which the person became an employee.
Existing employees - If you have an existing employee/s you have up to three months from 20 July 2007 to provide a copy to each employee in your business. This means that you must provide your employee/s with the “Workplace Relations Fact Sheet” before 20 October 2007.
All ARA members were recently sent a National Employee Relations Circular ER07/11 setting out further details with a copy of the Workplace Relations Fact Sheet attached. This Circular is also available to members at www.ara.com.au.
Regulations have also been made setting out the manner by which to provide copies of Workplace Relations Fact Sheets to employees.
Each of the following is an acceptable manner of providing a copy of the Workplace Relations Fact Sheet to an employee:
- Giving the copy to the employee personally;
- Sending the copy by prepaid post to the employee’s residential ad dress or a postal address nominated by the employee;
- Sending the copy to the employee’s email address at work or another email address nominated by the employee;
- Sending to the employee’s email address at work (or another email address nominated by the employee) an electronic link to the page of the Workplace Authority’s website on which the Workplace Relations Fact Sheet is located or an electronic link that takes the employee directly to the copy of the Workplace Relations Fact Sheet on the employer’s intranet;
- Sending the copy by facsimile to the employee’s facsimile number at work or the employee’s facsimile number at home or another facsimile number nominated by the employee.
The requirement to provide a Workplace Relations Fact Sheet to employees does not apply to sole traders and partners in New South Wales, Queensland, South Australia, Western Australia and Tasmania.
