12 January 2025

What are the National Employment Standards?

by Lawlux

The National Employment Standards (NES) and the national minimum wage together set out the minimum entitlements for all employees covered by the national workplace relations system, even if the employee is covered by a modern award or an enterprise agreement.

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In short, the NES are:

  1. Maximum weekly hours – 38 hours’ work each week plus ‘reasonable’ additional hours.
  2. Requesting flexible working arrangements.
  3. Changing from casual to permanent employment – the new employee choice pathway and old casual conversion clauses.
  4. Parental leave and related entitlements – up to 12 months’ unpaid leave, and the right to ask for an additional 12 months’ unpaid leave.  Extends to other maternity, paternity and adoption situations.
  5. Annual leave – 4 weeks’ paid leave each year, 5 weeks for certain shift workers.
  6. Personal leave (10 days’ paid), carer’s leave (2 days unpaid), compassionate leave (2 days paid) and family and domestic violence leave (5 days unpaid).
  7. Community service leave – unpaid for voluntary emergency activities, up to 10 paid days for jury leave.
  8. Long service leave.
  9. Public holidays – paid off day each public holiday, employer can reasonably request work.
  10. Notice of termination (up to 5 weeks) and redundancy pay (up to 16 weeks).
  11. Receiving the Fair Work Information Statement, Fixed Term Contract Information Statement, and Casual Employment Information Statement.

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