From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

The NES includes minimum leave entitlements for all employees covered by national workplace laws regardless of their industrial instrument or contract of employment.

Employers must generally give all permanent full-time employees at least:

• 4 weeks paid annual leave (5 weeks for shift workers)
• 10 days paid personal/carer’s leave per year
• 2 days unpaid carer’s leave (when needed)
• 2 days paid compassionate leave (when needed)
• 12 months unpaid parental leave.

Note: Annual leave and paid personal/carer’s leave accumulates over time. Minimum entitlements to parental leave under the NES apply to all employees employed in Australia (including those covered by state industrial laws). However, if state laws are more beneficial to employees than the NES, then these will apply.

Part-time employees also generally receive these minimum entitlements on a pro rata basis.

Public holidays

On public holidays, employees who would usually work on that day are entitled to a day off with pay (subject to reasonable requests to work).