AUSTRALIAN WORKERS UNION | SA BRANCH
NATIONAL EMPLOYMENT STANDARDS
The NES are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment. Each standard is covered in detail in separate fact sheets, but in summary, the NES involve the following minimum entitlements:
MAXIMUM WEEKLY
HOURS OF WORK
The maximum weekly hours of work are the standard 38 ordinary hours per week, plus reasonable additional hours.
REQEUESTS FOR FLEXIBLE
WORKING ARRANGEMENTS
An entitlement allowing parents or carers of a child under school age, or of a child under 18 with a disability, to request a change in working arrangements to assist with the care of the child.
PARENTAL LEAVE AND
RELATED ENTITLEMENTS
Up to 12 months unpaid leave per employee, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption-related leave.
PERSONAL CARERS LEAVE
COMPASSIONATE LEAVE
10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required.
COMMUNITY
SERVICE LEAVE
Unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
LONG
SERVICE LEAVE
Long Service Leave is a transitional entitlement for employees as outlined in an applicable pre‑modernised award, pending the development of a uniform national long service leave standard.
NOTICE OF TERMINATION &
REDUNDANCY PAY
Notice of termination and redundancy pay – up to five weeks notice of termination and up to 16 weeks severance pay on redundancy, both based on length of service.
PROVISION OF A FAIR WORK
INFORMATION STATEMENT
Provision of a Fair Work Information Statement – must be provided by employers to all new employees, and contains information about the NES, modern awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, union rights of entry, transfer of business, and the respective roles of the Fair Work Commission and the Fair Work Ombudsman.