National Employment Standards
The National Employment Standards (NES) are 11 minimum employment entitlements that have to be provided to all employees.
On this page:
- Minimum entitlements for employees
- 11 minimum NES entitlements
- Who the NES covers
- Tools and resources
- Related information
Minimum entitlements for employees
The National Minimum Wage and the NES make up the minimum entitlements for employees in Australia.
Other workplace instruments can't provide for conditions that are less than the National Minimum Wage or the NES. This includes an:
- employment contract
- enterprise agreement or other registered agreement.
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) at the same time.
11 minimum NES entitlements
The 11 minimum entitlements of the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Offers and requests to convert from casual to permanent 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
- Notice of termination and redundancy pay
- Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS).
Who the NES covers
All employees in the national workplace relations system 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:
- offers and requests to convert from casual to permanent employment
- paid or unpaid family and domestic violence
- 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: Fair Work Act 2009 s.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
- My employment checklist
- business.gov.au - Employment Contract Tool