What Are the National Employment Standards (NES)?
The National Employment Standards (NES) are 11 minimum employment entitlements that must be provided to all employees in the national workplace relations system. These standards are enshrined in the Fair Work Act 2009 and serve as the foundation for fair and balanced work conditions in Australia.
NES apply to all national system employees, whether they're full-time, part-time, or casual, and override any award or agreement that provides lesser entitlements. These are legally enforceable, and non-compliance can lead to significant penalties for employers.
🔗 Fair Work Ombudsman – National Employment Standards
The 11 National Employment Standards
- Maximum Weekly Hours of Work
Employees may work a maximum of 38 ordinary hours per week, plus reasonable additional hours. - Requests for Flexible Working Arrangements
Eligible employees can request changes to working conditions such as hours, location, or patterns due to caring responsibilities, disability, age, or domestic violence circumstances. - Parental Leave and Related Entitlements
Up to 12 months of unpaid leave is available for eligible employees, with the option to request an additional 12 months. Includes birth-related and adoption leave. - Annual Leave
Most full-time employees accrue 4 weeks of paid annual leave per year, pro-rata for part-time. Some shift workers may be entitled to 5 weeks. - Personal/Carer’s Leave and Compassionate Leave
Employees receive 10 days of paid personal/carer’s leave, 2 days of unpaid carer’s leave (when paid leave is exhausted), and 2 days of compassionate leave per occasion. - Community Service Leave
This includes leave for jury duty (with limited paid days) and voluntary emergency service activities. - Long Service Leave
Employees are entitled to long service leave as per pre-modern awards or state legislation. Eventually, a national scheme may unify these. - Public Holidays
Employees are entitled to be absent from work on public holidays, with pay if they usually work that day. - Notice of Termination and Redundancy Pay
Employees must be given the appropriate notice or payment in lieu and, if applicable, redundancy pay based on their length of service. - Provision of a Fair Work Information Statement
Employers must provide all new employees with the Fair Work Information Statement (FWIS) outlining rights and entitlements. - Casual Employment Information Statement
Casual employees must also receive a Casual Employment Information Statement outlining their rights and the option to convert to permanent after meeting eligibility.
Who Must Comply with NES?
All employers under the national workplace relations system—including most private-sector employers in Australia—are required to comply with NES.
This includes businesses of all sizes across industries, regardless of whether they use a modern award or enterprise agreement. NES rights cannot be excluded by a contract or policy.
How NES Impacts Employers and Employees
For Employers:
- Compliance is mandatory. Failure to comply may result in legal penalties and disputes.
- Must integrate NES entitlements into payroll systems and employment contracts.
- Need to track and manage leave entitlements accurately.
- Must stay up to date with NES changes via the Fair Work Commission or legal advisers.
For Employees:
- NES guarantees baseline entitlements.
- Protects employee rights, regardless of contract terms.
- Provides recourse if an employer underdelivers on obligations.
NES vs Awards and Agreements
NES operates in addition to Modern Awards and Enterprise Agreements. Where there’s an overlap:
- The award or agreement can only provide better entitlements, not worse.
- NES always acts as the minimum standard.
How Microkeeper Supports NES Compliance
Staying compliant with NES can be complex without the right tools. Microkeeper simplifies NES compliance for Australian businesses by:
- ✅ Automating leave accruals (annual, personal/carer’s)
- ✅ Tracking maximum work hours and breaks via integrated timesheets
- ✅ Managing termination notices and redundancy pay in payroll
- ✅ Providing employees with payslips and access to leave balances
- ✅ Ensuring onboarding includes delivery of the Fair Work Information Statement
Explore Microkeeper’s HR and Payroll Platform
Frequently Asked Questions (FAQs)
Can an award override the NES?
No. Awards and agreements must provide at least the same or better entitlements than NES.
What happens if I don’t provide the Fair Work Information Statement?
Failure to do so may result in penalties and can be used as evidence in unfair dismissal or underpayment claims.
Is long service leave the same under NES for all states?
No. Long service leave under NES is transitional. The relevant state legislation still applies until a uniform national law is created.
Best Practices for Employers
- Always issue employment contracts that reference NES.
- Incorporate leave tracking and award compliance into your HR and payroll software.
- Regularly check Fair Work Australia for updates to NES entitlements.
- Provide required statements at the time of hire.
Final Thoughts
The National Employment Standards are the backbone of fair workplace practices in Australia. Whether you're onboarding new staff, managing leave, or processing payroll, understanding and adhering to NES is essential for both compliance and a positive employee experience.
With Microkeeper’s automation and compliance features, you can confidently meet all NES obligations—saving time, reducing errors, and keeping your workforce informed and protected.
Disclaimer: This content is for general informational purposes only and does not constitute legal advice. For specific guidance, consult the Fair Work Ombudsman or a qualified employment lawyer.
