The NES are 11 minimum employment entitlements applying to all employees in the national workplace relations system.
Legislation: Fair Work Act 2009 Part 2-2 | Category: Employment Law
What is National Employment Standards (NES)?
The National Employment Standards are 11 minimum employment entitlements that apply to all employees in the national workplace relations system. The NES forms the foundation of the employment safety net and cannot be excluded or reduced by any award, agreement, or contract.
The 11 NES entitlements are: maximum weekly hours, requests for flexible working arrangements, offers and requests for casual conversion, 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 (where no state law applies), public holidays, and notice of termination and redundancy pay.
Key Compliance Points for Employers
- The NES applies to all employees including casuals (though some entitlements don’t apply to casuals)
- Awards and agreements can provide better conditions but cannot reduce NES entitlements
- The Fair Work Information Statement must be provided to new employees explaining NES rights
- Some NES entitlements have been expanded by recent reforms (flexible work, casual conversion)
- The NES is the baseline — most employees will have additional entitlements under awards or agreements
Frequently Asked Questions
What is National Employment Standards (NES)?
The NES are 11 minimum employment entitlements applying to all employees in the national workplace relations system.
Why is National Employment Standards (NES) important for employers?
Understanding national employment standards (nes) helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.