From 1 January 2010 all national system employers must provide 10 minimum entitlements to full-time and part-time employees.
These minimum entitlements are called the National Employment Standards (NES). Some, but not all of these entitlements also apply to casual employees.
Entitlements relating to parental leave and notice of termination apply to non-national system employees as well (including those covered by state or territory industrial laws). However, if State or Territory laws are more beneficial to employees than the NES, then these will apply.
The 10 NES entitlements replace the 5 entitlements that previously made up the Australian Fair Pay and Conditions Standard (the Standard).
From 1 January 2010, the National Employment Standards (NES) apply to all employers and employees in the national workplace relations system.
Under the 10 minimum workplace entitlements that make up the NES, employees are protected by a safety net of fair, relevant and enforceable minimum employment terms and conditions.
Most employees covered by the national workplace relations system are entitled to receive each of these 10 entitlements. Some of these entitlements also apply to casual employees.
All full-time and part-time employees covered by the national workplace relations system are entitled to receive each of the 10 NES entitlements. Some, but not all of these entitlements also apply to casual workers.
The national workplace relations system at present covers those who are:
- employed by a constitutional corporation (these are corporations that are trading or financial)
- 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
- sole traders, partnerships and other unincorporated private sector employers in New South Wales, Queensland, South Australia and Tasmania (from 1 January 2010).
The following are generally NOT covered by the national system:
- state government public sector employers and employees (except in Victoria where most of these are covered by the national system)
- some local government employers and employees (depending on the nature of the State’s referral). In Victoria and Tasmania all local government employers and employees are covered by the national system
- corporations in West Australia whose main activities are not trading or financial
- sole traders, partnerships and other unincorporated private sector employers in Western Australia, as they are not constitutional corporations.
There are two NES entitlements that apply to all employees, whether they are covered by the national workplace relations system or not. These are:
- parental leave and related entitlements
- notice of termination.
Under the Australian Fair Pay & Conditions Standard (the Standard) you were entitled to 5 minimum employment conditions:
- basic rates of pay and casual loadings
- maximum ordinary hours of work
- annual leave
- personal leave (including carer’s leave and compassionate leave)
- parental leave and related entitlements.
The National Employment Standards (NES) sets out 10 minimum employment entitlements.
These entitlements are generally the same under the NES as they were under the Standard:
- maximum weekly hours of work
- annual leave
- personal / carer's leave and compassionate leave (including some additional rights)
- parental leave (including some additional rights).
The NES also covers these additional entitlements:
- the right to request flexible working arrangements
- community service leave
- long service leave (maintenance of pre-existing entitlements)
- paid day off for public holidays
- notice of termination and redundancy pay
- a 'Fair Work Information Statement' for all new employees that makes clear your rights and entitlements under the new system and how to get advice and help.
From 1 January 2010, terms and conditions in relation to basic rates of pay and casual loadings are generally contained in modern awards subject to transitional provisions.
Your permanent full-time employees are generally entitled to at least:
- 4 weeks paid annual leave (5 weeks for certain shiftworkers)
- 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 (with additional entitlements for some employees).
Permanent part-time employees are entitled to a pro-rata portion of the above annual leave and paid personal/carer’s leave based on the employee’s ordinary hours of employment.
In some circumstances, eligible employees may also be entitled to long service leave.
On public holidays, employees who would usually work on the public holiday are entitled to a day off with pay (subject to reasonable requests to work).
Your permanent full-time and part-time employees are also entitled to Community Service Leave for eligible community service activities such as:
- jury service
- activities dealing with an emergency or natural disaster.
Your casual employees are entitled to:
- two days unpaid carers leave and two days unpaid compassionate leave per occasion
- community service leave (except paid jury service)
- to reasonably seek a day off on a public holiday.
In addition, casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to parental leave.
Entitlements relating to parental leave apply to all employees (including those covered by state or territory industrial laws). However, if State or Territory laws are more beneficial to employees than the NES, then these will apply.
For more information on state parental leave entitlements see your relevant state website:
From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment.
The right for new employees to receive the Statement is one of 10 minimum standards in the National Employment Standards (NES) that apply to employment of employees.
You can download a copy from this website.