There are no secrets with National Employment Standards

NES is an acronym used by Fair Work detailing the National Employment Standards. These National Employment Standards must be complied with by a business owner, or else relevant legislation will be breached and they will be legally and financially liable. Read on to find out more about NES.

What are the National Employment Standards? 

National Employment Standards (NES) are the minimum entitlements of employment that must be complied with as an employer. Additionally, NES govern the relationship between an employer and an employee. NES must be presented to an employee by the employer prior to the employee signing their employment contract. Employers must abide by NES at all times, throughout the course of an employee’s employment. 

What is the purpose of National Employment Standards?

The purpose of NES is to create a safety net of entitlements for all employees across Australia. These rules provide a framework for all employees in the national workplace relations system, and cannot be broken by any employer in any circumstance. 

What are the 11 minimum entitlements?

The 11 minimum NES entitlements govern:

  • Maximum weekly hours;
  • Public holidays;
  • Long service leave;
  • Requests for flexible working arrangements;
  • Annual leave;
  • Parental leave and related entitlements;
  • Offers and requests to convert from casual to permanent employment;
  • Personal/carer’s leave, compassionate leave and unpaid family and domestic violence leave;
  • Community service leave;
  • Notice of termination and redundancy pay; and
  • Fair Work Information Statement and Casual Employment Information Statement.

Who does NES apply to?

The National Employment Standards apply to all employees in the national workplace relations system, regardless of their relevant award, employment contract or agreement. Notwithstanding, casual employees only retain some NES entitlements. The entitlements they receive include:

  • Offers and requests to convert from casual to permanent employment;
  • Unpaid compassionate leave;
  • Unpaid carer’s leave;
  • Unpaid domestic and family violence leave; and
  • Unpaid community service leave.

Casual employees are also entitled to a Fair Work Information Statement and the Casual Employment Information Statement.

What is the national workplace relations system?

Defined by the Fair Work Ombudsman, the national workplace relations system is a collection of legislation that applies to most employers and employees within Australia. It includes a multitude of legal documents, including the Fair Work Act 2009, NES and registered agreements and awards.

Legal advice

If you require any assistance with the National Employment Standards, Business Kitz is here to help! We offer a subscription service that allows you access to over 200+ employment documents, to assist you in becoming legally compliant. Click here to read more about our subscription, which is only $14 per user per month. Additionally, our sister company Legal Kitz specialises in employment law and can assist you with any queries you may have. Book a FREE 30 minute consultation with our experienced and highly qualified team now.

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