The 11 National Employment Standards in Australia
Get informed about the National Employment Standards
National Employment Standards
There are 11 National Employment Standards (NES) in Australia, which apply to national system employees.
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11 National Employment Standards
- Maximum weekly hours
- Requests for flexible working arrangements
- Converting from casual to permanent
- Parental leave and related entitlements
- Annual leave
- Sick / carer’s leave and other leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work and Casual Employment Statements
The National Employment Standards
In Australia, 11 minimum employment entitlements must be provided to all employees covered by the National Employment Standards (NES). These 11 minimum employment entitlements will protect full-time and part-time employees if their job falls under the national workplace relations system (i.e., Fair Work Act 2009 (Cth)). Most employees in Australia fall within this category.
It is important to note that casual employees are only entitled to some of the minimum employment entitlements due to the nature of casual work.
The 11 National Employment Standards are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Converting from casual to permanent
- Parental leave and related entitlements
- Annual leave
- Sick / carer’s leave and other leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work and Casual Employment Statements
1. Maximum weekly hours
The maximum weekly hours for NES employees is 38 hours for full-time employees. For an employee other than a full-time employee, it is the lessor of 38 hours or the employee’s ordinary hours of work in a week. It is possible under some awards or agreements for hours of work to be averaged over a specific period greater than a week.
2. Requests for flexible working arrangements
Flexible working arrangements may relate to work hours, work patterns, and work locations. Some employees who have worked for the same employer for at least 12 months can request flexible working arrangements. Generally, an employer who receives a request for a flexible working arrangement from an employee must respond within 21 days, outlining whether it is approved or declined. A request may only be refused on reasonable business grounds, and the reasons for any refusal must be outlined.
3. Converting from casual to permanent
Causal conversion provides a pathway for casual employees to become permanent employees within a business or organisation. To access casual conversion, a person must have worked for their employer for 12 months. An employer may be required to offer casual conversion, provided specific eligibility criteria are met. Different rules apply to small business employers.
4. Parental leave and related entitlements
Parental leave entitlements include maternity, paternity, and partner leave, as well as adoption leave. The entitlement can give employees the right to return to their old position after taking up to 12 months of unpaid parental leave. There is also an ability to request an additional 12 months’ leave from an employer. The eligibility criteria and rules differ slightly for casual employees.
5. Annual leave
Full-time and part-time employees get four weeks of annual leave, based on their ordinary work hours. Casual employees do not get paid annual leave. While NES employees are afforded a minimum period of annual leave, industrial awards and enterprise agreements may provide additional annual leave entitlements.
6. Sick / carer’s leave and other leave
Personal or sick leave, or carer’s leave, allows employees to have leave from the workplace due to illness, care needs of immediate family or a household member, or family emergencies. Full-time employees are entitled to 10 days of paid sick and carer’s leave annually, with part-time employees having their entitlement calculated on a pro-rata basis. It may also be possible for full-time and part-time employees to have two days of unpaid carer’s leave each time an immediate family member or household member is ill, injured, or there is an emergency.
7. Community service leave
All employees may take community service leave to engage in jury duty or a voluntary emergency management activity. While jury duty involves certain payments, other community service leave is undertaken voluntarily. There is no limit on the amount of community service leave an employee can take. Still, the entitlement exists only while the employee is undertaking the activity (including reasonable travel and rest time).
8. Long service leave
An employee who has worked for the same employer over a lengthy period may be eligible for long service leave. In some circumstances, employees may have the benefit of ‘portable long service leave’, which allows the entitlement to accumulate even if the employee works for different employers. Long service leave entitlements differ across states and territories within Australia.
9. Public holidays
NES employees are entitled to be absent from work on public holidays and may reasonably refuse to work on a public holiday. Different states and territories have different rules concerning public holidays. Generally, employees who work on public holidays receive overtime payments, penalty rates or additional benefits or compensation for working on a public holiday.
10. Notice of termination and redundancy pay
Except in cases of serious misconduct, employers are generally required to give notice to employees whose employment is being terminated. In cases of redundancy, there are minimum guarantees concerning the notice and payments that need to be made. However, the laws relating to redundancy payments differ for small businesses and casual employees.
11. Fair Work (FWIS) & Casual Employment (CEIS) Statements
The Fair Work Information Statement (FWIS) provides new employees information about the basic conditions they are entitled to. Employers must give casual employees the Casual Employment Information Statement (CEIS) before or as soon as possible after they commence their role. The CEIS provides information about the causal conversion rights, among other details.
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 | Workplace Investigation Options | The different types of workplace investigations reflect the differing needs employers have in investigating issues in the workplace. Understanding the role and purpose of different types of workplace investigations is critical for business operators and managers, as inapt investigations can lead to unnecessary disputes. | View | disciplinary-processes workplace-investigations | workplace-investigations |
 | Managing Employee Recruitment Risks – Australia | The legal risks for employers during recruitment processes are not always fully considered until an issue emerges. Risks are present at every stage of the recruitment process, from the nature of the role itself to advertising, interviewing, selecting, and agreeing on an employment contract. | View | employment-contracts | recruitment |
 | Steps in Workplace Investigations | The steps in workplace investigations relate to procedural fairness. In Australia, disciplinary decisions based on unfair workplace investigations may be challenged and decisions reversed. The risk of an unfair workplace investigation derailing a disciplinary process may be minimised by early advice from an experienced employment lawyer. | View | disciplinary-processes workplace-investigations | workplace-investigations |
 | Unfair Dismissal Claims – Success Rates & Outcomes | If an unfair dismissal claim is successful, the Fair Work Commission may order a person's reinstatement or the payment of compensation. The decision as to whether reinstatement or compensation is awarded is a discretionary decision based on what the Commission considers to be just outcome. | View | employment-law | unfair-dismissal-claims |
 | Summary Dismissal | Except in cases of serious misconduct, most employers are required to give notice to employees if they are dismissed from their job. The applicable notice period can vary based on the length of service, age of the employee, and may be extended by agreement under an employment contract. | View | disciplinary-processes employment-contracts | summary-dismissal |
 | National Employment Standards – NES | In Australia, 11 minimum employment entitlements must be provided to all employees covered by the National Employment Standards (NES). These 11 minimum employment entitlements will protect full-time and part-time employees if their job falls under the national workplace relations system (i.e., Fair Work Act 2009 (Cth)). | View | employment-contracts | national-employment-standards |
 | Workplace Probation Periods | Probation periods are standard in employment contracts in Australia. The fact that they are common should not mean that employers or employees should 'take as a given' their purpose or consequences. Probation period clauses in employment contracts vary, meaning they should always be reviewed and understood. | View | employment-contracts | probation-periods |
 | Responding to False Sexual Harassment Allegations at Work | Anybody who believes they are subject to false or wrongful sexual harassment allegations should get urgent legal advice due to the potential consequences of such claims. Employers may be vicariously liable for sexual harassment that occurs in a workplace unless they have taken "all reasonable steps" to prevent it. | View | employment-law sexual-harassment | false-allegations |
 | Responding to False Bullying Allegations at Work | Many people who face bullying complaints at work are managers in one form or another. However described, executives, managers, or small business owners all have as part of their role the task of managing the conduct and performance of others. It is not uncommon for performance management issues to lead to allegations of bullying. | View | employment-law workplace-bullying | false-allegations |
 | Responding to a Show Cause Letter | A show cause letter is meant to provide an employee with an opportunity to explain (show cause) why they should not face disciplinary action within the workplace. The failure to give employees a chance to 'show cause' why the disciplinary action is unjustified can see decisions overturned or compensation awarded. | View | disciplinary-processes employment-law | show-cause-letters |
 | Responding to a Workplace Investigation into Bullying Complaints | Facing a workplace investigation into a workplace bullying complaint can leave people feeling stressed, uncertain and isolated. Getting informed about how you may respond to a workplace bullying complaint, as well as your rights, responsibilities and options is essential for anybody facing an issue of this kind. | View | workplace-bullying workplace-investigations | workplace-bullying workplace-investigations |
 | Responding to a Workplace Investigation into Sexual Harassment | Sexual harassment complaints often result in formal workplace investigations. Generally, Australian laws define sexual harassment as involving (1) unwelcome conduct of a sexual nature; (2) the conduct leaves the person feeling offended, humiliated or intimidated; and, (3) the reaction of the person is reasonable in the circumstances. | View | sexual-harassment workplace-investigations | sexual-harassment workplace-investigations |
 | Responding to Unfair Written Warnings at Work | In Australia, employers may issue a written warning to ensure procedural fairness. The failure to give employees a chance to fix underperformance or some misconduct can see successful unfair dismissal claims made against employers. An unfair written warning may afford no protection against an unfair dismissal claim. | View | disciplinary-processes employment-law | written-warnings |
 | Workplace Grievance Examples | An employee may raise a workplace grievance with their employer if they have suffered an alleged violation of their rights or entitlements due to the conduct or decisions of another person. It may relate to a breach of law, standards, awards, agreements or workplace policies, which the employee considers unjustified, unfair, or unreasonable. | View | disciplinary-processes | grievances procedure |
 | Steps in a Disciplinary Process | The steps in disciplinary processes relate to procedural fairness. In Australia, unfair disciplinary processes may be challenged and decisions reversed. Employers and employees both face risks when dealing with a disciplinary process, which may be minimised by early advice and assistance from an experienced employment lawyer. | View | disciplinary-processes | procedure |
 | Grievance Handling Policy | A grievance policy explains the process and procedure followed by a business or organisation to resolve grievances or complaints against an employee. A grievance handling policy ought to outline the standard procedures for expeditiously resolving complaints and set out the rights and responsibilities of employees at every level. | View | disciplinary-processes | grievances procedure |
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