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Entitlements under the National Employment Standards (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 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.
  • employed by sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania.

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Page last updated: 8 July 2011