National Employment Standards

Many of your rights at work are based on the National Employment Standards (NES). Together with the national minimum wage, they are a minimum safety net for employees..

The National Employment Standards has 10 legislated employment conditions including:

 

1. Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.

2. Annual leave – 4 weeks paid leave per year, plus an extra week for some shift workers.

3. Personal / carer’s leave and compassionate leave – 10 days paid personal (sick) / carer’s leave, 2 days unpaid carer’s leave and 2 days compassionate leave (unpaid for casuals) as needed.

4. Community service leave – up to 10 days paid leave for jury service (after 10 days is unpaid) and unpaid leave for voluntary emergency work.

5. Public holidays – paid days off on public holidays unless it’s reasonable to ask the employee to work.

6. Parental leave and related entitlements – up to 12 months unpaid leave, the right to ask for an extra 12 months unpaid leave and other types of maternity, paternity and adoption leave.

7. Notice of termination and redundancy pay – up to 4 weeks’ notice of termination (plus an extra week if the employee is over 45 and has been in the job for at least 2 years) and up to 16 weeks redundancy pay.

8. Requests for flexible working arrangements – parents and carers can ask for a change in working arrangements to care for young children under school age or children under 18 with a disability.

9. Long service leave

10. Fair Work Information Statement – employers have to give the Fair Work Information Statement to all new employees.

 

You only get some of the National Employment Standards if you’re a casual. These are:

  • 2 days unpaid carer’s leave and 2 days unpaid compassionate leave per occasion
  • maximum weekly hours
  • community service leave (except paid jury service)
  • days off on public holidays unless it’s reasonable to ask you to work
  • the Fair Work Information Statement

 

If you’ve been employed regularly and systematically for at least 12 months and there’s an expectation of ongoing work you’re also entitled to:

  • ask for flexible working arrangements
  • parental leave

 

There is a lot more detail about the NES at the Fair Work Ombudsman website

Relevant Resources

Equality, Pay, Rights at work
The gender pay gap
Read More
Rights at work, Safety
Occupational health and safety
Read More
Pay, Rights at work
Cash-in-hand
Read More