Fair Work Commission

Introduction

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The National Employment Standards (NES) are 10 minimum terms and conditions of employment (set out in Part 2-2 of the Fair Work Act 2009) that apply to national workplace relations system employees. Parts of the NES may also extend to employees beyond the national workplace relations system.

The NES are minimum standards that cannot be overridden by the terms of enterprise agreements or awards.

The 10 national employment standards

The 10 NES relate to the following matters:

1. Maximum of 38 weekly hours of work – plus reasonable additional hours.

2. Requests for flexible working arrangements – in certain circumstances employees can request a change in their working arrangements.

3. Parental leave and related entitlements – up to 12 months' unpaid leave for each employee, plus a right to request an additional 12 months' unpaid leave, plus other forms of maternity, paternity and adoption-related leave.

4. Annual leave

• 4 weeks' paid leave per year
• plus an additional week for certain shift workers.

5. Personal/carer's leave (includes sick leave) and compassionate leave

• 10 days' paid personal/carer's leave (includes sick leave)
• 2 days' unpaid carer's leave as required
• 2 days' compassionate leave (unpaid for casuals) as required.

6. Community service leave – unpaid leave for voluntary emergency activities and up to 10 days of paid leave for jury service (after 10 days is unpaid).

7. Long service leave – a transitional entitlement for employees as outlined in an applicable pre-modernised award, pending the development of a uniform national long service leave standard.

8. Public holidays – a paid day off on each public holiday, except where reasonably requested to work.

9. Notice of termination and redundancy pay

• up to 4 weeks' notice of termination (plus an extra week for employees over 45 years of age who have been in the job for at least 2 years)

• up to 16 weeks' severance pay on redundancy,

both based on length of service.

10. The Fair Work Information Statement is available from the Fair Work Ombudsman.

This must be given by employers to all new employees. It contains information about:

• the NES
• modern awards
• agreement making
• freedom of association and workplace rights
• termination of employment
• individual flexibility arrangements
• right of entry
• transfer of business
• the role of the Fair Work Commission
• the role of the Fair Work Ombudsman.