The National Employment Standards (NES) are a set of entitlements that have to be provided to all employees. An employment contract, Award, or Enterprise Agreement cannot provide for less than the national minimum wage or the NES.
The NES are:
A maximum of 38 hours of work per week, plus reasonable additional hours
Certain employees can request flexible working arrangements
Up to 12 months unpaid parental leave, and the right to request an extra 12 months unpaid leave
Four weeks paid annual leave per year, plus an extra week for some shift workers
10 days paid personal/carer’s leave, two days of unpaid carer’s leave, two days of compassionate leave, and five days of unpaid family/domestic violence leave (per year)
Unpaid leave for voluntary community service activities, and 10 days of paid leave for jury service
Paid long service leave for workers who have been with the same employer for a long time
Paid day off on public holidays, except where reasonably requested to work
Up to five weeks notice of termination of employment, and up to 16 weeks of redundancy pay
Provision of a Fair Work Information Statement to all new employees
However, only certain entitlements apply to casuals. As a casual, you are entitled to:
Maximum weekly hours
Two days unpaid carer’s leave and two days unpaid compassionate leave per occasion
Five days unpaid family and domestic violence leave (in a 12-month period)
Community service leave (except paid jury service)
Provision of the Fair Work Information Statement
Long term casuals, who have been employed as a casual on a regular and consistent basis by the same employer for at least 12 months, can request flexible working arrangements and may be entitled to parental leave.
Awards and Agreements cannot exclude or provide for less than the NES. However, Awards and Agreements can vary the NES, or provide additional entitlements.
(Fair Work Act 2009 (Cth) Part 2.2)
What do I do if I think I am not getting what I am entitled to?
If you have a question about your entitlements, get in touch with us. We can give you advice about what your entitlements are, and help you decide what to do. We can also direct you to other people who can help.