National Employment Standards(NES)

What are the National Employment Standards?

The National Employment Standards (NES) are 11 minimum employment entitlements that have to be provided to all employees.

NES applies to most employees in the national workplace relations system, which includes private-sector employees, employees of the Australian Government and territories, and certain employees of state government entities. However, some employees may be covered by state or territory-based employment laws or enterprise agreements, which could provide additional or different entitlements.

Who the NES covers?

All employees in the national workplace relations system are covered by the NES. This is regardless of the award, registered agreement or employment contract that applies.

Casual employees and the NES

Casual employees only get some NES entitlements including:

  • offers and requests to convert from casual to permanent employment
  • paid family and domestic violence leave
  • unpaid carer’s leave
  • unpaid compassionate leave
  • unpaid community service leave
  • the Fair Work Information Statement (the FWIS) and the Casual Employment Information Statement (the CEIS).

In some states and territories, long serving casuals are eligible for long service leave.

Casual employees can request flexible working arrangements and take unpaid parental leave if:

  • they have been employed by their employer as a casual employee on a regular and systematic basis over at least 12 months, and
  • they reasonably expect to continue being employed by the employer on a regular and systematic basis.

What is the purpose of the national employment standards?

The primary purpose of the National Employment Standards (NES) is to establish a set of minimum employment standards that provide a fair and consistent framework of rights and entitlements for employees in Australia.

These standards were introduced as part of the Fair Work Act 2009 to promote fairness, transparency, and work-life balance in the Australian workplace.

It serves as a safeguard for employees, providing them with essential minimum rights, while also offering a foundation for employers to maintain productive and ethical workplaces. These standards form a critical part of Australia’s employment laws and reflect the government’s commitment to fair and equitable labour practices.

Minimum entitlements for employees

The National Minimum Wage and the NES make up the minimum entitlements for employees in Australia.

Other workplace instruments can’t provide for conditions that are less than the National Minimum Wage or the NES. This includes an:

These also can’t exclude the NES.

Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) when they start their new job.

Employers also have to give every new casual employee a copy of the Casual Employment Information Statement (the CEIS) at the same time.

Source: Fair Work

11 minimum NES entitlements

The 11 minimum entitlements of the NES are:

  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Offers and requests to convert from casual to permanent employment
  • Parental leave and related entitlements
  • Annual leave
  • Personal/carer’s leave, compassionate leave and family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay
  • Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS).

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