National Employment Standards (NES)

Definition

The National Employment Standards (NES) are a set of 10 minimum employment entitlements that apply to most employees in Australia. 

What are the National Employment Standards?

The National Employment Standards provide a baseline of rights and conditions for all employees, regardless of the industry they work in or the agreement that applies to their employment. 

The NES sets out 10 minimum standards that cover various aspects of employment, including:

• Maximum weekly hours of work: Full-time employees can’t work more than 38 hours per week, plus reasonable additional hours.
• Requests for flexible working arrangements: Employees with caring responsibilities, a disability, or are aged 55 or older can request flexible working arrangements.
• Parental leave and related entitlements: Including unpaid parental leave, entitlement to return to work, and the right to request an extension of parental leave
• Annual leave: Full-time employees are entitled to four weeks of paid annual leave per year, plus pro-rata leave for part-time employees.
• Personal/carer’s leave and compassionate leave: Employees are entitled to 10 days of paid personal/carer’s leave and two days of unpaid compassionate leave per year.
• Community service leave: Employees are entitled to leave for certain community service activities, such as jury duty.
• Long service leave: Certain long service leave entitlements are protected under the NES, although the specifics vary by state.
• Public holidays: Employees are entitled to be absent from work on public holidays and receive payment for the hours they would have worked.
• Notice of termination and excess pay: Minimum notice periods for termination and excess pay based on years of service.
• Fair Work Information Statement: Employers must provide new employees with a copy of the Fair Work Information Statement, which outlines their rights and entitlements under the NES.

Employers are responsible for ensuring compliance with the NES and must not offer terms of employment that are less favourable than the NES. The NES provides a basic safety net of rights and entitlements for employees, ensuring that they are treated fairly and consistently across different industries and workplaces.