What are the National Employment Standards (NES)?
The National Employment Standards (NES) are a set of minimum employment entitlements that apply to employees covered by the national workplace relations system in Australia. These standards are legally enforceable and serve as the foundation for all employment agreements, including contracts, awards, and enterprise agreements.
Who Do the NES Apply To?
The NES apply to all full-time, part-time, and casual employees in the national workplace relations system. Some entitlements may differ depending on the employment type, but all employees are covered by the core principles of the NES.
Overview of the 11 NES Entitlements
- Maximum weekly hours – 38 hours for full-time employees (plus reasonable additional hours).
- Requests for flexible working arrangements – Available to eligible employees after 12 months of service.
- Parental leave and related entitlements – Up to 12 months of unpaid leave, with the option to request an additional 12 months. Includes adoption-related leave.
- Annual leave – 4 weeks of paid leave per year for full-time employees.
- Personal/carer’s leave, compassionate leave, and unpaid family and domestic violence leave – Includes 10 days of paid personal leave and other unpaid leave options.
- Community service leave – Unpaid leave for voluntary emergency activities and jury duty.
- Long service leave – Based on pre-modern awards and state legislation.
- Public holidays – Entitlement to be absent from work on a public holiday.
- Notice of termination and redundancy pay – Based on length of service.
- Fair Work Information Statement (FWIS) – Must be provided to all new employees.
- Casual Employment Information Statement – Provided to all casual employees.
Importance of Understanding NES
For employers, adhering to the NES ensures compliance and helps avoid legal disputes. For employees, the NES provides a clear set of minimum employment entitlements that cannot be reduced by an agreement or employment contract.
Practical Examples
- A part-time employee with over 12 months of service can request flexible working arrangements, such as changes to start and finish times.
- A casual employee must receive the Casual Employment Information Statement at the beginning of employment.
- A parent taking parental leave after the birth of a child may also be entitled to unpaid leave or request part-time work upon return.
The NES exist to ensure all employees receive fair and consistent treatment in the workplace. Whether you're full-time, part-time, or casual, these standards protect your rights and establish a baseline that all Australian employers must follow.
To learn more about the NES and how they relate to your situation, refer to the Work Information Statement provided by your employer or consult the Fair Work Ombudsman website.
