Casual employment is a big part of how Australian businesses operate. Whether you run a busy café, manage a trade business, or oversee a growing retail team, chances are you’ve got at least one casual employee on your roster. And with casual workers making up a large slice of the Australian workforce, keeping up with your employer obligations matters more than ever.
Here’s where things get a little tricky. One obligation that catches many employers off-guard is the requirement to issue a casual employment information statement (CEIS). It sounds straightforward enough, but the rules around timing, frequency, and delivery aren’t always obvious, and getting it wrong can cost you.
Here’s what this means for your business: what the CEIS is, who needs to receive it, when and how to provide it, what happens if you don’t, and the tools and templates that make the process easier.
What is a casual employment information statement?
In plain terms, the casual employment information statement is a legally required document you must give to casual employees. It sets out casual employees’ rights and entitlements under the Fair Work Act 2009 and helps keep you compliant with Australian workplace law. Many employers are unsure exactly what it covers or how it differs from other required documents, so here’s a clear breakdown.
The CEIS is a document prepared and published by the Fair Work Ombudsman that outlines the rights, entitlements, and conditions that apply to casual employees under the Fair Work Act 2009. Its purpose is to make sure casual workers understand what casual employment actually means for them, including things like their loading, their pathway to permanent employment, and their protections under Australian workplace law.
It is not a contract, and it does not replace any workplace agreement. Think of it as an official “here’s what you need to know” document that the law requires employers to hand over, not just file away.
Who issues the CEIS and why
The Fair Work Ombudsman produces the CEIS, and employers are legally responsible for providing it to their casual employees. You cannot write your own version from scratch. The Fair Work Ombudsman publishes the current version, and you access and distribute it as required. The rationale is simple: casual employees deserve to know their rights, and the CEIS ensures that information is accurate, standardised, and consistent across all Australian workplaces.
How CEIS differs from other employment information statements
The CEIS specifically applies to casual employees and their circumstances. It sits alongside two other statutory information statements: the Fair Work Information Statement (FWIS), which applies to all new employees, and the Fixed Term Contract Information Statement, which applies to employees on fixed-term arrangements. Each document has a distinct audience and a distinct purpose, and employers need to manage them separately. More on that in a later section.
For a practical overview of casual employment and what it means for your business, Payroller’s resources are worth bookmarking.
Who needs to receive the casual employment information statement?
The casual employment information statement must be provided to casual employees, but not every engagement situation is identical. Understanding who is eligible, when exceptions apply, and how transitions to permanent employment factor in will help you avoid gaps in your compliance. Here is a clear guide to the eligibility rules.
Identifying eligible casual employees
If someone is engaged as a casual under the National Employment Standards (NES), they must receive the CEIS. This applies no matter how many hours they work or which industry you’re in. A casual employee has no firm advance commitment to ongoing work, and their shifts are generally unpredictable.
According to the Australian Bureau of Statistics’ Characteristics of Employment data, over 2.4 million Australians are casual employees, representing around 19% of all employees. That’s a lot of businesses with a legal obligation to get the CEIS right.
The same ABS data shows 20.3% of employees have no paid leave entitlements, which is exactly why the CEIS exists: casual employees have a different set of conditions to permanent workers, and they need to understand what that means.
Exemptions and special cases, including repeat engagements
There are specific rules about how often the CEIS must be provided when an employee is engaged repeatedly. Small business employers and non-small business employers have different obligations around ongoing provision (covered in the timing section below). The CEIS does not apply to contractors. If you are unsure whether someone you engage is an employee or a contractor, Payroller’s guide on contractor vs employee is a useful starting point for clarifying that distinction.
CEIS and transitions to permanent employment
When a casual employee transitions to permanent full-time or part-time employment, the CEIS obligation shifts. At that point, the Fair Work Information Statement for permanent employees becomes relevant. However, before any conversion discussion even begins, your casual employees should already have received the CEIS, as it is the document that informs them of their right to request that conversion in the first place.
According to ABS Working Arrangements data, 73% of casual employees prefer casual work because of the flexibility it offers. That said, the right to understand their options, including conversion, belongs to every casual employee regardless of their preferences.
When must the CEIS be provided?
Timing is one of the most commonly misunderstood parts of the CEIS. The law sets out specific requirements for when you must first provide the statement, and when you need to provide it again. Getting the timing wrong, even by a little, can put you in breach of your obligations.
Legal timing requirements and deadlines
For non-small business employers (businesses with 15 or more employees), the CEIS must be provided:
- Before, or as soon as practicable after, a casual employee starts employment.
- Again, once the employee has been employed for 12 months.
- After that, every 12 months for the duration of the casual engagement.
For small business employers (fewer than 15 employees), the initial requirement is the same: provide the CEIS before or as soon as practicable after engagement. The ongoing re-provision obligations differ, so small businesses should check the current Fair Work Ombudsman guidance to see what applies to their specific size and circumstances.
Frequency of CEIS issuance, initial and subsequent
The main takeaway here is that the CEIS is not a one-and-done document. For non-small businesses in particular, you are expected to provide it repeatedly over the course of a casual employee’s engagement. This is partly because the rules around casual employment have changed in recent years, and the government wants to ensure employees remain informed as the law changes.
A practical approach: set a calendar reminder or use your payroll system to flag the 12-month mark for each casual employee. That way, re-provision does not slip through the cracks. Finally, that’s easy.
Recent legislative changes affecting timing
The Closing Loopholes Act (which passed in two stages, with major elements commencing from late 2023 and into 2024) changed how casual employment is defined and managed under the Fair Work Act 2009. That shift affected conversion rights and employer obligations, and the CEIS has been updated accordingly. The ABS data on casual employment trends shows that casual employment has declined by around 4 percentage points over nine years, a trend that reflects both legislative reform and shifting employer and worker preferences.
Make it a habit to check you’re using the current version of the CEIS, as the Fair Work Ombudsman updates the document when the law changes.
What are employers’ legal obligations for the CEIS?
Employers have clear legal obligations under the Fair Work Act 2009 when it comes to the CEIS. These obligations cover not just providing the statement, but how and when you deliver it, and how you prove you did. Here’s what this means for your business.
Compliance under the Fair Work Act and regulations
The obligation to provide the CEIS is embedded in the National Employment Standards under the Fair Work Act 2009. Failure to comply is a contravention of the Act, which means it carries real enforcement risk. The Australian Industry Group’s research on labour market dynamics notes that casual employment trends in Australia have remained relatively steady below the 23.5 to 25.5% range, which underscores the scale of this compliance obligation across the economy. With millions of casual engagements happening every year, the CEIS obligation is widespread.
Solid payroll compliance practices are the foundation of managing these obligations well.
Delivery methods and acceptable formats, printed, electronic, and email
The Fair Work Ombudsman allows employers to provide the CEIS in a range of formats:
- Printed copy, handed directly to the employee.
- Email, sent directly to the employee’s email address.
- Electronic delivery, for example via a digital onboarding system, where the employee can access and read the document.
- Postal mail, where appropriate.
The method you choose should reflect what is practical for your business and what genuinely ensures the employee has received and can access the document. Sending it to an email address the employee never checks is not compliance. Make sure the delivery method is real and reliable.
Record-keeping and proof of delivery
This is where many employers fall short. Providing the CEIS is one thing; being able to prove you provided it is another entirely. Your HR record keeping systems should capture:
- The date the CEIS was provided to each casual employee.
- The method of delivery used.
- Confirmation of receipt where possible, such as a read receipt from an email, a signed acknowledgement, or a log from your digital onboarding system.
If a dispute or audit arises, these records are what protect you. Set up a consistent, documented process from day one.
What happens if an employer fails to provide the CEIS?
Not providing the casual employment information statement isn’t a minor paperwork miss. It is a contravention of the Fair Work Act 2009, and the Fair Work Ombudsman takes these obligations seriously. Knowing the consequences helps you give CEIS compliance the attention it deserves.
Penalties and fines explained
Under the Fair Work Act 2009, civil penalty provisions apply to employers who fail to meet their CEIS obligations. Penalty amounts can vary depending on whether the breach is by an individual employer or a corporation, and whether it is treated as a serious contravention. Civil penalties for contraventions of the NES can reach tens of thousands of dollars per contravention for corporations, with higher penalties for serious or repeated breaches.
The Fair Work Ombudsman also has the authority to investigate complaints, issue compliance notices, and refer matters to the Federal Court or Federal Circuit Court for enforcement action.
Potential risks and enforcement actions
Beyond financial penalties, failing to comply with CEIS obligations can:
- Expose employers to underpayment claims if employees were unaware of their rights and entitlements.
- Trigger broader Fair Work investigations that uncover other compliance issues.
- Damage your reputation as an employer, particularly in industries where casual labour is central to operations.
- Complicate any disputes about whether an employee was properly classified as casual in the first place.
The risk is not hypothetical. The Fair Work Ombudsman actively audits industries with high casual workforces, including hospitality, retail, and construction.
A checklist for avoiding common pitfalls
Use this checklist to reduce your exposure:
- Make sure each new casual employee receives the CEIS before or on their first day.
- Set reminders for the 12-month mark to re-provide the CEIS.
- Keep delivery records for every CEIS issued, including date, method, and confirmation.
- Download the current version of the CEIS from the Fair Work Ombudsman website before each issuance to ensure you are using the most up-to-date document.
- Review your CEIS process whenever there is a legislative change affecting casual employment.
How to provide the CEIS: A step-by-step guide for employers
Providing the casual employee information statement doesn’t have to be complicated. With a clear process, it becomes a routine part of onboarding and HR. Here is a practical step-by-step guide.
Preparing the CEIS document
The CEIS is published by the Fair Work Ombudsman and is available as a free download from the Fair Work Ombudsman’s website. You do not create your own version. Steps to prepare:
- Go to the Fair Work Ombudsman website and download the current version of the CEIS.
- Check the publication date to make sure it is the most recent version.
- Save a copy to your HR document folder or onboarding system for easy access.
- If you are providing it electronically, make sure the file is in a format your employees can open and read easily. PDF is standard.
You do not need to customise the CEIS itself, but you can accompany it with a short cover note that includes the employee’s name, start date, and your contact details for any questions they have.
Best practices for delivery, in-person, email, and digital
- In-person delivery: Hand the printed CEIS directly to the employee at onboarding. Ask them to sign a brief acknowledgement form acknowledging receipt.
- Email delivery: Send the CEIS as an email attachment to the employee’s confirmed email address. Use a subject line like “Important: Your casual employment information statement.” Request a read receipt or ask the employee to reply to acknowledge they have received it.
- Digital onboarding systems: If you use an onboarding platform, build the CEIS into the workflow so the employee must open and acknowledge the document before completing onboarding.
Whichever method you choose, record it.
Sample CEIS template and customisation tips
The Fair Work Ombudsman’s CEIS is the document you must use. You cannot substitute a custom template for the official document. However, you can create a simple cover letter or transmittal note to accompany it, personalised with:
- Your business name and ABN.
- The employee’s name and engagement date.
- The name of a contact person for questions.
- A brief note confirming this document has been issued as required by the Fair Work Act 2009.
This cover note becomes part of your delivery record. It adds a professional touch and gives the employee a clear point of contact if they have questions about the statement’s contents.
Frequently asked questions for employers about CEIS
Even with a clear framework in place, employers regularly run into situations that feel uncertain. Here are the most common questions, answered plainly.
Can the CEIS be provided after employment starts?
Technically, the law says “before, or as soon as practicable after” the employee starts. In practice, this means you should aim to provide it before the first shift or on the day employment commences. Providing it weeks after the fact is unlikely to meet the “as soon as practicable” standard and could put you in breach.
How to handle casual employee conversion and the CEIS
The CEIS is what informs casual employees of their right to request or be offered conversion to permanent employment. Under the casual employment conversion process, non-small business employers have specific obligations to offer conversion to eligible casual employees, and the CEIS supports employees’ understanding of those rights. If an employee does convert to permanent employment, they no longer need to receive ongoing CEIS issuances, but you should ensure your records reflect the change in their employment status.
Are there state or industry variations in CEIS rules?
The CEIS is a federal obligation under the Fair Work Act 2009, so it applies nationally to all employers covered by the national workplace relations system. Most private sector employers in Australia are covered. Some state public sector employers may be covered by state legislation rather than the Fair Work Act, in which case different rules may apply. If you are unsure whether the national system applies to your business, check with the Fair Work Ombudsman.
How does the CEIS affect employee entitlements?
The CEIS itself does not change or create entitlements; it informs employees of the entitlements they already have. Casual employees are entitled to a casual loading (reflected in modern award rates and the National Minimum Wage), and they have rights around conversion, unfair dismissal (after the qualifying period), and protection from adverse action. The CEIS makes sure employees know about these rights, which is why providing it accurately and on time matters for the integrity of your employment relationships.