3c National Employment standards

What law provides the national workplace protections in Australia?

The Fair work act 2009

What are the National Employment Standards (NES)?

Ten minimum workplace entitlements that must be provided to all employees in the national workplace relations system.

What do the NES cover?

Minimum working conditions and protections, including leave entitlements, maximum hours, flexible work, and termination rules.

What do the NES and Fair Work Act 2009 guarantee for every employee?

A minimum wage, Fair minimum working conditions (can’t be reduced by contract or award)

What is the maximum weekly working hours under NES?

38hrs per wk plus reasonable additional hours if agreed.

What is the NES entitlement for annual leave (permanent employees)?

4 weeks paid annual leave per year, based on ordinary hours worked.

How much personal (sick/carer’s) leave do full-time employees get under NES?

10 days per year, accumulating and carried over if unused.

What is the NES entitlement for compassionate (bereavement) leave?

2 days per occasion (paid for permanent employees, unpaid for casuals).

What is the NES entitlement for family and domestic violence leave?

10 days paid leave per year (for all employees, including casuals).

What is the NES entitlement for parental leave?

Up to 12 months unpaid leave, with the right to request an additional 12 months.

What does long service leave provide under NES (example WA)?

After 10 years continuous service = 8.6 weeks leave; every 5 years after = 4.3 weeks.

What is the NES rule for casuals becoming permanent?

After 6 months regular work, a casual can request conversion to permanent employment (“employee choice pathway”).

What must every employer give new employees under the NES?

The Fair Work Information Statement (FWIS), and for casuals, the Casual Employment Information Statement (CEIS).