National Employment Standards
The National Employment Standards (NES) are the minimum employment entitlements that have to be provided to all employees.
On this page:
- Minimum entitlements for employees
- List of minimum NES entitlements
- NES videos
- Who the NES covers
- Tools and resources
- Related information
Minimum entitlements for employees
The National Employment Standards make up the minimum entitlements for employees in Australia.
Other workplace instruments can't provide for conditions that are less than the National Employment Standards. This includes an:
- award
- employment contract
- enterprise agreement or other registered agreementA document between an employer and their employees covering employment conditions. A registered agreement must be approved by and registered with the Fair Work Commission. Examples of registered agreements include enterprise agreements (including single and multi-enterprise) and greenfields agreements. .
These also can’t exclude the NES.
Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) when they start their new job.
Employers also have to give every new casual employee a copy of the Casual Employment Information Statement (the CEIS) when they start employment, and at set times throughout their employment.
List of minimum NES entitlements
The minimum entitlements of the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Casual employment
- Parental leave and related entitlements
- Annual leave
- Personal/carer's leave, compassionate leave and family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Superannuation contributions
- Notice of termination and redundancy pay
- Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS).
NES videos
Our short videos help explain the different NES entitlements. Watch our NES videos on our YouTube channel.
These videos are also available with an Auslan interpreter on our Auslan page.
Who the NES covers
All employees in the national workplace relations systemThe national workplace relations system is a collection of legislation that applies to most employees and employers in Australia. It includes the Fair Work Act 2009, the National Employment Standards, registered agreements and awards. are covered by the NES. This is regardless of the award, registered agreement or employment contract that applies.
Casual employees and the NES
Casual employees only get some NES entitlements including:
- employee choice about casual employment
- paid family and domestic violence leave
- unpaid carer's leave
- unpaid compassionate leave
- unpaid community service leave
- the Fair Work Information Statement (the FWIS) and the Casual Employment Information Statement (the CEIS).
In some states and territories, long serving casuals are eligible for long service leave.
Casual employees can request flexible working arrangements and take unpaid parental leave if:
- they have been employed by their employer as a casual employee on a regular and systematic basis over at least 12 months, and
- they reasonably expect to continue being employed by the employer on a regular and systematic basis.
See Casual employees for more information.
Source reference for page: Fair Work Act 2009 sections 13, 30C, 30M, 55, 61
Tools and resources
- Fair Work Information Statement
- Casual Employment Information Statement
- Find my award
- Find an enterprise agreement – Fair Work Commission
- Introduction to the National Employment Standards fact sheet
- business.gov.au - Employment Contract Tool
- National Employment Standards videos
Related information
Help for small business
- Find tools, resources and information you might need in our Small Business Showcase
- Learn how you can prevent workplace problems as a small business owner.
