The National Employment Standards set the base level of pay, leave, hours and job protection for most employees in Australia. Whether you're a business owner or worker, following these standards helps create fair and safe workplaces. This guide breaks down what you need to know.[ez-toc]
The National Employment Standards set the legal minimum work rights for most employees in Australia. They cover leave, hours, pay, notice and workplace rules. These standards apply to employees in Australia with some differences in application depending on the employment engagement type. The NES protects workers and helps employers meet Fair Work laws across all industries and job types.
The National Employment Standards (NES) set the minimum terms and conditions for employees in Australia. These rules apply to most workers under the national workplace relations system. The NES ensures that all workers have basic protections, no matter their job or industry.
The NES covers core entitlements provided to all employees. These are the legal minimums for things like leave, hours of work and termination. It is not legal to offer employees contracts that give them fewer entitlements or less than the NES. The NES standards apply even if your employees are engaged under a modern award or enterprise agreement.
The NES protects employees from unfair conditions and helps employers follow clear rules. If there’s a dispute, the Fair Work Commission or Fair Work Ombudsman can help resolve it. The NES makes sure workers are treated fairly and businesses stay compliant.The NES also helps avoid confusion. For example, it sets clear rules about:
The NES helps both employers and employees. It gives clear rights, fair conditions and a solid base for all jobs in Australia.
The National Employment Standards (NES) include minimum entitlements for employees in Australia. These entitlements form the foundation of fair work conditions. Employers must follow these rules, no matter the job, contract or award.
Each entitlement covers a different part of employment. These are the minimum rights all employees must get under the national workplace relations system.NES entitlementWhat it coversMaximum weekly hours38 hours for full-time, plus reasonable extra hoursRequests for flexible workingCertain employees can request flexible hours or work from homeParental leave and related entitlementsUp to 12 months of unpaid parental leave with a possible 12-month extensionAnnual leave4 weeks of paid annual leave per year for most full-time workersPersonal/carer’s and compassionate leavePaid and unpaid leave entitlements for illness, caring or compassionate reasonsFamily and domestic violence leaveSome employees are entitled to 10 days of paid family and domestic violence leave per yearCommunity service leaveUnpaid leave for voluntary emergency work or jury service plus an entitlement for some employees to be paid for up to 10 days for jury service.Long service leaveExtra leave for employees after long periods of continuous servicePublic holidaysPublic holidays – a paid day off unless asked to work reasonably.Notice of termination and redundancyWritten notice for termination and redundancy pay based on years of serviceSuperannuationEligible employees' are entitled to employer contributions to their superannuation funds under superannuation guarantee laws.Fair Work Information StatementMust be given to all new hiresCasual Employment Information StatementMust be given to every casual employeeCasual employment choice for casual employeesProvision of pathways for a casual employee in some circumstances to become a full-time or part-time employee.
The NES provides the minimum employment entitlements in Australia. An enterprise agreement, modern award or employment contract can offer better terms, but never less than the national standards.
The National Employment Standards (NES) set clear limits on working hours. They also give certain employees the right to ask for flexible work. These rules help create fair, balanced workplaces.
The NES sets ordinary hours of work at a maximum of 38 hours per week for full-time staff. Employers can request extra hours, but only if they are reasonable. What’s “reasonable” depends on factors like:
Part-time employees work fewer than 38 hours, as agreed in their employment contract. If you are unsure about what is considered "reasonable" extra hours, seek legal advice to better understand your obligations as an employer.
Employees can ask for flexible working if they meet certain rules. To qualify, they must have worked for the same employer for at least 12 months. Eligible workers include:
Employees need to make a request in writing. Employers must respond within 21 days. They can only refuse on certain business grounds.
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The National Employment Standards (NES) give clear rights to employees needing time off for family, health or care. These entitlements for employees in Australia include parental leave, personal leave, carer’s leave and compassionate leave. Some types of leave are paid while others are unpaid.
Employees can take 12 months of unpaid parental leave if they have completed at least 12 months of continuous service with the same employer. This applies to births or adoptions. Parents can also request an extra period of unpaid leave for up to 12 more months.Parental leave includes:
Notice rules apply. Employees must give at least 10 weeks’ written notice. They must also confirm the leave dates four weeks before starting leave.
Compassionate leave supports employees during personal crises. This shows the law recognises the need for empathy in the workplace.Leave can get tricky. Rules change based on an employee's role, enterprise agreement or service length.
The National Employment Standards (NES) give workers paid time off for rest, long service and national holidays. These minimum entitlements for employees help maintain work-life balance and reward loyalty.
Here is a simple breakdown of paid leave under the NES.Leave typeWho gets itHow much timeAnnual leaveFull-time and part-time employees4 weeks per year of paid annual leaveLong service leaveAfter long continuous serviceVaries by state (e.g. 8–13 weeks after 10 years)Public holidayAll employees (some exceptions)Day off on the holiday or extra pay if worked
Long service leave rewards staff for staying with the same employer for a long time. After about 10 years of continuous work, most employees can take several weeks of paid leave. Rules differ slightly between states and territories. Some allow pro-rata leave after 7 years.Employers must check local rules and enterprise agreement terms to apply this fairly.
Public holidays – a paid day off – are a legal right under the NES. If an employee works on a public holiday, they must receive extra pay or a substitute day off. Employers can ask someone to work on a holiday, but only if it’s reasonable.This includes:
If you are unsure about your employees' leave entitlements, seek legal advice. It is important to stay on top of entitlements like annual and long service leave to meet fair work laws.
The National Employment Standards (NES) set clear rules for how jobs can end. These include the provision of a notice of termination and termination and redundancy pay. Every employer must follow these rules when ending someone’s job.
Employees must receive written notice before their job ends. The amount of notice depends on how long they’ve worked for the employer.Period of serviceMinimum notice period1 year or less1 weekMore than 1 year to 3 years2 weeksMore than 3 years to 5 years3 weeksMore than 5 years4 weeksIf the employee is over 45 and has worked at least 2 years, they get 1 extra week of notice.Notice periods let the employee plan their next step, and ample notice improves an employee's protection from unfair loss of income.
Termination and redundancy pay is different from notice. Redundancy applies when a job is no longer needed. This can happen due to business changes, downsizing or closure.Redundancy pay is based on how long the employee has worked. The longer the period of service, the higher the payment.Small businesses with fewer than 15 employees do not have to pay redundancy. But they still need to give proper notice.Business Kitz provides access to over 100 document and agreement templates including but not limited to forms and documents for the termination and redundancy process. Create, sign, and securely store documents with Business Kitz to automate your administration. Sign up for free to get started!
Casual employees have different rights under the National Employment Standards (NES). While they don’t get all the same benefits as permanent staff, they still receive some key minimum employment entitlements.
A casual employee usually works irregular hours with no firm commitment to ongoing work. But under the NES, they are still entitled to:
Casual employees also have the right to community service leave, such as unpaid leave for voluntary emergency activities or jury service, as well as additional benefits depending on their length of service and any pre-existing expectation for ongoing regular work. Speak with a legal professional if unsure.
Because casuals receive a higher hourly pay rate to make up for missing entitlements, they don’t get:
These are benefits only given to full-time and part-time employees, however, it's important to note that casual employees who have been employed by an employer on a regular basis for at least 12 months, and who have a reasonable expectation of ongoing employment, may be entitled to parental leave and related entitlements.
If a casual employee works on a regular and systematic basis for 6 months (or 12 months for small businesses), they may have the right to convert to permanent employment if they believe they no longer meet the definition of a casual employee. This applies if:
This process gives certain employees more job security.
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All employers in Australia must follow the National Employment Standards (NES). These rules apply to most workplaces under the national workplace relations system. Employers must meet their duties or face legal and financial risks.
Employers must meet these core obligations under the NES:
The NES applies even if a worker isn’t under a modern award or enterprise agreement. NES entitlements override anything in an agreement or employment contract if it offers conditions that are less than required.
If employers fail to meet NES rules, they may face:
These problems can damage your brand and hurt business growth.
The National Employment Standards (NES) set the base level of rights for workers. A modern award adds extra rules for certain jobs or industries. Together, they make sure workers get fair and legal conditions.
The NES applies to all employees in the national workplace system and sets the minimum terms and conditions. A modern award adds more detail. It may set higher minimum wage, extra allowances or different shift rates.Here’s how they compare:Example roleNES entitlementsModern award additionsRetail Assistant38-hour week, 4 weeks annual leaveWeekend penalties, broken shift rulesOffice AdminPublic holidays, parental leaveHigher pay for overtimeAged Care WorkerCompassionate leave, personal leaveUniform allowance, split shift loading
You cannot give an employment contract or offer terms that are less than the national minimums. A modern award can offer more, but never take away NES rights. The NES applies to all employees, even if no award or agreement exists.
Laws change. Award updates happen often. A business that doesn’t keep up may break the rules without knowing. This can lead to underpayments or missed entitlements or obligations subsequently leading to legal trouble in the worst case. Always seek legal advice if you are unsure of your obligations as an employer.Business Kitz supports businesses via:
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Fair work laws set the rules for jobs in Australia. The National Employment Standards (NES) are part of these rules. They apply to most jobs under the national workplace relations system. Fair Work helps make sure employers follow these laws.
The NES applies to all Australian employees. Some entitlements are only for workers with regular hours or long service. Most employees covered by the national system will be covered by the NES, no matter their job or industry.
Yes. Some NES rights apply to casual employees, like compassionate leave, unpaid carer’s leave and family and domestic violence leave. After 12 months, they may also request to become permanent if they work regular hours. This is not an exhaustive list and we recommend speaking with a lawyer if you are unsure of your employees rights.
It’s not allowed. Employment standards are the minimum rules. An employment contract or enterprise agreement cannot offer less than the NES, they can only give equal or more generous terms.
Speak to a workplace relations professional or lawyer for advice. You can also check with the Fair Work Ombudsman or visit the Fair Work Commission for support.
No. The NES and the national minimum wage are different. The minimum wage is set by the Fair Work Commission. The NES covers leave, hours and job rights. Both help protect workers.
Yes. You can use personal leave if you have personal illness or need to care for a family member. Full-time and part-time workers get 10 paid days per year. Casuals get unpaid carer’s leave.
The National Employment Standards set clear rules for fair work in Australia. They cover key rights like annual leave, parental leave, notice of termination and minimum wage. These rules apply to most workers in the national workplace relations system.The NES protects workers by setting the base level of entitlements. It also helps employers understand their legal duties and avoid costly mistakes. When followed correctly, the NES supports safe, fair and productive workplaces for all.Understanding and applying the NES is not just a legal task. It’s a smart way to build trust and fairness in any workplace. Business Kitz can help you manage your employee obligations by providing over 100 read-to-use templates and many more features. Streamline your business processes with Business Kitz and sign up for free today!Disclaimer: This content is intended to be used for educational and informational purposes only. Business Kitz does not offer legal advice and cannot guarantee the accuracy, reliability, or suitability of its website content for a particular purpose. We encourage you to seek professional advice from a licensed professional and verify statements before relying on them. We are not responsible for any legal actions or decisions made based on the information provided on our website.Unless expressly stated otherwise, all content, materials, text, images, videos and other media on this website and its contents are the property of their respective copyright owners.
