The 11 national Employment standards
The National Employment Standards form the safety net of minimum conditions for all employees in the national system. These 11 standards cannot be reduced by any award, agreement, or contract.
Leave entitlements
- Annual leave (4 weeks)
- Personal/carer's leave (10 days)
- Compassionate leave (2 days)
- Parental leave (12 months)
Other standards
- Maximum 38 hours per week
- Flexible work requests
- Public holidays
- Notice of termination
Complete list of NES entitlements
All 11 National Employment Standards
How NES works with awards and agreements
The NES interacts with modern awards and enterprise agreements in a layered system:
- NES forms the floor: The absolute minimum that cannot be reduced
- Awards build on NES: Awards may provide additional or more generous conditions
- Agreements can supplement: Enterprise agreements can exceed but not undercut NES
- Contracts add further: Employment contracts can provide above-award benefits
Fair Work Information Statement requirement
Employers must provide the Fair Work Information Statement to all new employees before or as soon as practicable after they start work. Casual employees who become permanent must also receive the Casual Employment Information Statement. Failing to provide these documents is a breach of the NES.
NES entitlements for different employee types
Full-time & part-time employees
- All 11 NES entitlements
- Part-time pro-rated on hours
- Leave accrues progressively
- Redundancy pay entitlement
Casual employees
- 2 days unpaid carer's leave
- 2 days unpaid compassionate leave
- Community service leave
- No paid leave (receive loading instead)
Common NES compliance mistakes
Not providing the FWIS
Failing to give the Fair Work Information Statement to new employees is a common oversight that breaches the NES.
Incorrect leave accruals
Not accruing annual leave or personal leave correctly, especially for part-time employees who should receive pro-rata entitlements.
Refusing flexible work requests improperly
Refusing requests for flexible work arrangements without proper consideration or without providing reasons in writing.
Key takeaways
The National Employment Standards are the minimum safety net for all employees in the national system. These 11 entitlements cannot be reduced by awards, agreements, or contracts—employers must meet or exceed them.
Managing NES compliance requires proper tracking of leave accruals, working hours, and employee information. Use leave management software and time tracking to ensure accurate entitlements and records.
