National Employment Standards (NES): What Employers Must Know
The National Employment Standards (NES) set the minimum terms and conditions for employment under the Fair Work Act 2009. These standards form the foundation of all workplace awards, enterprise agreements, and employment contracts. Importantly, no agreement can include terms less favourable than those defined by the NES.
Who Do the National Employment Standards Apply To?
Generally speaking, the NES apply to all employees within the national workplace relations system. However, some conditions may differ or not apply to casual employees. The NES outline 11 minimum employment standards that every employer must understand and implement.
The 11 Minimum Standards Under the NES
Here’s a breakdown of the NES entitlements:
1. Maximum Weekly Hours
Full-time employees are entitled to a maximum of 38 hours per week, plus any reasonable additional hours.
2. Flexible Working Arrangements
Eligible employees can request changes to how, when, or where they work based on personal circumstances (e.g. start/finish times or location).
3. Casual Conversion
Casual employees may request to convert to permanent part-time or full-time roles. Employers must provide the Casual Employment Information Statement outlining these rights.
4. Parental Leave and Related Entitlements
Employees can take up to 12 months of unpaid parental leave, with the option to request an additional 12 months. This includes adoption, maternity, and paternity leave.
5. Annual Leave
Full-time employees receive 4 weeks of paid annual leave per year, with an extra week for shift workers.
6. Personal/Carer’s Leave, Compassionate Leave, and Family & Domestic Violence Leave
- Personal/Carer’s Leave: 10 days paid
- Carer’s Leave: 2 days unpaid (as required)
- Compassionate Leave: 2 days paid (permanent), 2 days unpaid (casual)
- Family & Domestic Violence Leave: 5 days unpaid annually
7. Community Service Leave
- Jury Duty: 10 days paid, unpaid thereafter
- Emergency Volunteer Work: unpaid as required
8. Long Service Leave
Entitlements vary depending on the applicable award. Older awards (pre-2010) may differ from Modern Awards.
9. Public Holidays
Employees are entitled to paid leave on public holidays, unless asked to work with appropriate compensation.
10. Notice of Termination and Redundancy Pay
- Termination: Minimum 4 weeks written notice
- Redundancy: Up to 16 weeks severance pay, depending on service length
11. Information Statements
All new employees must receive the Fair Work Information Statement, and casuals must receive the Casual Employment Information Statement.
Staying Compliant with the NES
Navigating NES compliance alongside Modern Awards and enterprise agreements can be complex. Therefore, it’s essential to seek expert guidance to avoid costly mistakes and ensure legal compliance.
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📞 Call Assurance HR today on 1800 577 515 or visit our HR Compliance Services (bing.com in Bing) page to learn how we can help your business stay compliant with the National Employment Standards.
