The National Employment Standards (NES), which replace the Australian Fair Pay and Conditions Standard (the Standard) from 1 January 2010, provide a safety net for all employees in the national workplace relations system.

In addition to these minimum conditions of employment, further conditions can come from a modern award, agreement, award and agreement based transitional instruments, minimum wage orders, transitional minimum wage instruments, state or federal laws.

Entitlements under the NES

The NES provide these 10 minimum entitlements for employees in the national system from 1 January 2010:

• Maximum weekly hours of work
• Requests for flexible working arrangements
• Parental leave and related entitlements
• Annual leave
• Personal / carer’s leave and compassionate leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Provision of a Fair Work Information Statement

The NES applies to all employees covered by the national workplace relations system (however only certain entitlements apply to casual employees). The national workplace relations system at present covers those who are:

• employed by a constitutional corporation (these are corporations that are trading or financial, –usually Pty Ltd or Ltd companies)
• employed in Victoria, the Northern Territory or the ACT
• employed by the Commonwealth or a Commonwealth authority
• a waterside employee, maritime employee or flight crew officer employed in connection with interstate or overseas trade or commerce.

Up to and including 31 December 2009

Up to and including 31 December 2009, most national system employees were entitled to these 5 minimum employment conditions under the Standard:

• basic rates of pay and casual loadings
• maximum ordinary hours of work
• annual leave
• personal leave (including carer's and compassionate leave)
• parental leave and related entitlements.

From 1 January 2010, terms and conditions relating to base rates of pay and casual loadings are generally contained in modern awards.

When you find out what you're covered by, you can find out your conditions of employment.

For more information on conditions of employment call the Fair Work Infoline on 13 13 94 or chat online with our  Live help advisor.

Before contacting us please read the key questions our Fair Work advisor may need to ask you.