National Employment Standards

The National Employment Standards (also known as the NES) applies to the vast majority of employees and employers in Australia.  Unless you are employed by a State Government or local council they apply to you.  They commenced operation on 1 January 2010.

The National Employment Standards are a safety net of 10 minimum conditions of employment for employees.

They include minimum entitlements for:

• Maximum weekly hours of work
• Requests for flexible working arrangements
• Parental leave and related entitlements
• Annual leave
• Personal / carer’s leave and compassionate leave
• Community service leave
• Long service leave (in accordance with relevant State legislation)
• Public holidays
• Notice of termination and redundancy pay
• Fair Work Information Statement

In most cases your minimum entitlements are also derived from a Modern Award or Enterprise Agreement, depending on your industry or occupation, your employer, your workplace and the type of work you perform.

The NES are guaranteed minimum standards.  Awards, Enterprise Agreements and employment contracts can provide terms and conditions of employment which are ancillary, incidental or supplement the NES but only to the extent that such terms are not detrimental to an employee in any respect when compared to the NES.

You cannot get less than the National Employment Standards.

If you have any questions about your NES entitlements please take a look at the Fact Sheets available at Resources or SDA members are welcome to contact the Branch.