The National Employment Standards (NES) are ten minimum standards that apply to nearly all employees in Australia.
Awards, agreements and employment contracts can provide higher minimum standards than those in the NES, but they cannot provide standards that are lower. The NES are part of the Fair Work Act.
The ten minimum entitlements are:
- A maximum of 38 hours of work each week for full time-employees—less for part-time employees—plus some additional hours where reasonable
- The right to request flexible working arrangements
- Parental leave and other related entitlements
- Annual leave—at least four weeks for full-time employees and five weeks for shift workers
- Personal leave—which includes sick and carers’ leave, compassionate leave and family and domestic violence leave
- Community service leave
- Long service leave
- The right to take a paid day off on public holidays—unless there is a reasonable expectation that you work
- Notice of termination and redundancy pay
- Receiving the Fair Work Information Statement when you start a new job—which covers your basic workplace rights, as well some information about the role of the Fair Work Commission
Who is covered by the National Employment Standards?
Most employees are entitled to the minimum standards listed above. Workers who are not covered include:
- Anyone engaged as an independent contractor
- Some state public sector employees
Casual employees only have the right to some of the minimum standards.
Casuals and the National Employment Standards
Casual employees are only entitled to some NES entitlements:
- Unpaid carer’s leave
- Unpaid compassionate leave
- Unpaid family and domestic violence leave
- Community service leave
- Receiving the Fair Work Information Statement when starting a new job
If you are a casual employee and have been working for the same employer for more than a year, you may also have the right to take unpaid parental leave and request flexible working arrangements.
In some instances, casual employees may also be eligible for long service leave.
Need more information about the National Employment Standards? You can contact your union or the Australian Unions Support Centre for free, confidential information and advice about any workplace issue.
Funding for this factsheet was provided by the Victorian Government as part of the uTech project. Please note that the information given here is general information only and is not legal advice. For further assistance, it is recommended you speak to your union.