National Employment Standards (NES)

National Employment Standards (NES)

Currently, we are not accepting new instructions for matters related to National Employment Standards (NES). We will update this page as soon as we resume accepting new instructions.

National Employee Standards are a set of 10 minimum workplace standards to which all employees working in Australia covered under the national workplace relations system are entitled. The Fair Work Ombudsman lists them as following:

  1. Minimum weekly hours of work – 38 hours per week, plus reasonable additional hours.
  2. Requests for flexible working arrangements – certain employees can ask to change their working arrangement.
  3. Parental leave and related entitlements – up to 12 months unpaid leave and the right to ask for an extra 12 months unpaid leave. Also includes adoption‑related leave.
  4. Annual leave – four weeks paid leave per year, plus an additional week for some shift workers.
  5. Personal/carer’s leave and compassionate leave – 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave as required.
  6. Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
  7. Long service leave – paid leave for employees who have been with the same employer for a long time.
  8. Public holidays – a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work.
  9. Notice of termination and redundancy pay – up to 5 weeks’ notice of termination and up to 16 weeks redundancy pay, both based on length of service.
  10. Provision of a Fair Work Information Statement – must be provided by employers to all new employees.

An employer can provide standards that are above what is included here, but these are the minimum that must be met. If your employer is not upholding all of the National Employment Standards, give our team a call to discuss your options.