National Employment Standards

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.

ANNUAL

LEAVE

Annual leave is defined as four weeks paid leave per year, plus an additional week for certain shift workers.

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.

PUBLIC

HOLIDAYS

Public Holidays are a paid day off on a gazetted public holiday, except where reasonably requested to work.

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.

For more information go to the Fair Work Ombudsman National Employment Standards Web Page.