National Employment Standards
On 6 December 2018 the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 (the Bill) passed both Houses of Parliament.
The Bill won’t become law until it receives Royal Assent by the Governor-General.
When the Bill receives Royal Assent, it will change the Fair Work Act 2009
to include an entitlement to unpaid family and domestic violence leave in the National Employment Standards (NES).
We’ll update this website with more information when the Bill receives Royal Assent and the new law applies. Come back to this website in the coming days.
For information about current entitlements to unpaid family and domestic violence leave, go to Family & domestic violence leave.
The National Employment Standards (NES) are 10 minimum employment entitlements that have to be provided to all employees.
The national minimum wage and the NES make up the minimum entitlements for employees in Australia. An award, employment contract, enterprise agreement or other registered agreement can't provide for conditions that are less than the national minimum wage or the NES. They can’t exclude the NES.
The 10 minimum entitlements of the NES are:
Who's covered by the NES
All employees in the national workplace relations system are covered by the NES regardless of the award, registered agreement or employment contract that applies.
Casual employees and the NES
Casual employees only get NES entitlements relating to:
- unpaid carer's leave
- unpaid compassionate leave
- community service leave
- the Fair Work Information Statement.
In some states and territories long serving casuals are eligible for long service leave.
Where there is an expectation of ongoing work for a casual and the casual has been employed regularly and systematically for at least 12 months, they have extra entitlements under the NES.
- the right to request for flexible working arrangements
- access to parental leave.
Source reference: Fair Work Act 2009 s.61
Think a mistake might have been made?
Mistakes can happen. The best way to fix them usually starts with talking.
Check out our Help resolving workplace issues section for practical advice on:
- figuring out if a mistake has been made
- talking to your employer or employee about fixing it
- getting help from us if you can't resolve it.
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