National Employment Standards

What are the National Employment Standards?

The National Employment Standards (NES) are a set of 12 minimum employment entitlements guaranteed to all employees in the national workplace system in Australia. Established by the Fair Work Act 2009, the National Employment Standards provide a safety net for employees and applies universally, regardless of the industry, occupation, or job type. These standards cover key aspects of employment, including maximum weekly hours, leave entitlements, public holidays, and termination notices.

The NES, effective from 1 January 2010, form the baseline for employment conditions in Australia. While modern awards and enterprise agreements can offer additional benefits, they cannot provide less than what is provided for in the NES. Additionally, the NES applies differently to award/agreement-free and casual employees. Any terms in agreements made before the NES that are less favourable than the NES are invalid.

This section ensures that all employees, regardless of their specific employment agreement, have access to essential work rights and protections.

What is the purpose of the National Employment Standards?

The purpose of the National Employment Standards (NES) in Australia is to ensure that all employees within the national workplace system are provided with a set of fundamental entitlements. These 12 minimum standards cover aspects of employment, such as hours of work, flexible working arrangements, various types of leave, and more. The NES, in combination with the national minimum wage, establishes the foundational employment conditions for most Australian businesses, serving as a baseline to protect employee rights and promote fair working environments.

What are the 12 National Employment Standards?

Maximum weekly hours

‍Full-time employees typically work up to 38 hours a week, but they may be required to work reasonable additional hours. The determination of what constitutes 'reasonable' additional hours considers various factors, such as the employee's personal circumstances, workplace needs, any health and safety risks, and the industry norms.

Requests for flexible working arrangements

Employees with at least 12 months of continuous service (including long-term casuals) have the right to request flexible working arrangements. They can make a written request if they are pregnant, are the parent of (or responsible for) a child of school age or younger, are a carer, have a disability, are 55 or older, are experiencing family and domestic violence, or are caring for a family or household member who is. Employers must respond in writing within 21 days. They can refuse only after discussing the request with the employee, genuinely trying to reach agreement and considering the consequences for the employee, and only on reasonable business grounds. The employee can take a dispute to the Fair Work Commission.

Casual conversion

‍Since 26 August 2024, a casual employee who has worked for at least 6 months (12 months with a small business employer) and believes they no longer meet the Fair Work Act definition of a casual can notify their employer in writing that they want to change to full-time or part-time employment (the employee choice pathway). The employer must consult them and reply in writing within 21 days, and can refuse only on the grounds set out in the Act. Employers no longer have to offer casual conversion.

Parental leave and related entitlements

‍Employees are entitled to up to 12 months of unpaid parental leave when a new child is born or adopted. There’s also the option to request an additional 12 months of leave, and up to 100 days can be taken flexibly. This entitlement applies to both parents and includes birth, adoption, and surrogacy arrangements. Separately, eligible parents can get up to 26 weeks of Government-funded Parental Leave Pay for a child born or adopted on or after 1 July 2026.

Annual leave

‍Full-time employees are entitled to four weeks of paid annual leave per year based on their ordinary hours of work. Part-time employees receive this on a pro-rata basis. Shift workers may be eligible for an additional week of annual leave.

Personal/carer’s, compassionate and family and domestic violence leave

‍Employees (other than casuals) get 10 days of paid personal/carer’s leave per year (pro rata for part-time employees). All employees can take two days of unpaid carer’s leave per occasion (permanent employees once their paid leave is used up) and two days of compassionate leave per occasion, which is paid for permanent employees and unpaid for casuals. Additionally, all employees, including part-time and casual employees, are entitled to 10 days of paid family and domestic violence leave in each 12-month period.

Community service leave

‍Employees, including casuals, have the right to community service leave for certain activities like jury duty or voluntary emergency management activities. There's no limit on the amount of community service leave an employee can take. It is unpaid, except that permanent employees on jury service must be paid make-up pay for the first 10 days of each jury summons.

Long service leave

‍This entitlement varies across states and territories in Australia but generally allows for extended paid leave for employees who have been with the same employer for a long time. For most employees it comes from state or territory long service leave laws; the NES preserves it only for some employees under older awards and agreements.

Public holidays

‍Employees are entitled to a day off on public holidays and to be paid their base rate for the ordinary hours they would have worked. An employer can ask an employee to work on a public holiday, but the employee can refuse the request if it’s not reasonable.

Superannuation contributions

Employers must make superannuation guarantee contributions for eligible employees. The rate is 12% of qualifying earnings, and since 1 July 2026 contributions must be paid with each pay run and reach the employee's super fund within 7 business days of payday.

Notice of termination and redundancy pay

‍The NES prescribes the minimum notice periods employers must give when terminating employment, and redundancy pay employees may be entitled to when their position is made redundant.

Fair Work Information Statement (FWIS) and Casual Employment Information Statement (CEIS)

‍Employers must give every new employee the Fair Work Information Statement before, or as soon as possible after, they start. Casual employees must also get the Casual Employment Information Statement when they start; non-small business employers must give it again after 6 months, 12 months and every 12 months after that (small business employers: when they start and after 12 months). Fixed-term employees must also get the Fixed Term Contract Information Statement. These statements outline essential workplace rights and obligations.

Who do National Employment Standards apply to?

The National Employment Standards (NES) apply to all employees in the Australian workplace relations system, regardless of their award, agreement, or contract. However, it's important to note that only specific National Employment Standards entitlements apply to casual employees.

If any employment agreements were made before 1 January 2010 that offer less generous terms than those outlined in the NES, those terms are considered invalid, ensuring that all employees receive at least the minimum entitlements as set out in the National Employment Standards.

National Employment Standards for casuals

The National Employment Standards for casual employees in Australia define specific entitlements and conditions. While casual employees are not eligible for paid annual or sick leave, they are entitled to unpaid carer’s leave, unpaid compassionate leave, paid family and domestic violence leave, and unpaid community service leave.

Employers must provide new casual employees with both a Fair Work Information Statement and a Casual Employment Information Statement (CEIS), outlining their specific rights, including the process for converting from casual to permanent employment. Long-serving casuals may also be eligible for long service leave and other entitlements under certain conditions.

Not sure whether your awards, contracts and payroll meet the NES? An HR compliance audit can check them for you, or call our 24/7 HR advice line on 1300 144 002 for free initial advice.

Frequently asked questions

What are the National Employment Standards?

‍The National Employment Standards (NES) are 12 minimum employment entitlements in Australia, crucial for ensuring fair work practices and employee welfare.

Who is covered by the National Employment Standards?

‍The NES apply to all employees in the Australian national workplace relations system, including casuals with specific entitlements.

What are the 12 minimum entitlements of the National Employment Standards?

‍The NES include maximum weekly hours, flexible working requests, casual employment rights, various leave entitlements, public holidays, superannuation contributions, notice of termination, redundancy pay and information statements.

What is the role of the National Employment Standards in employment?

‍The NES provide a foundational set of rights and protections for employees, underpinning fair and equitable employment conditions.

Do the National Employment Standards apply universally?

‍Yes, the National Employment Standards apply to all employees, but the extent of entitlements can vary, particularly for casual employees.

What types of leave are covered by the National Employment Standards?

‍The NES cover annual, personal/carer’s, compassionate, parental, community service, and long service leave, as well as paid family and domestic violence leave.

How do other documents influence National Employment Standards entitlements?

‍Modern awards, enterprise agreements, and other contracts can enhance but not reduce the minimum entitlements provided under the NES.

Do casual employees have different National Employment Standards entitlements?

‍Casual employees are entitled to certain NES benefits like unpaid carer's and compassionate leave and paid family and domestic violence leave, but don't receive paid annual or personal/carer’s leave.