The National Employment Standards (NES)
The National Employment Standards apply to all employees covered by the national system of workplace relations. Not all employees are covered by this national system, including South Australian Public Sector and Local Government workers. The NES applies to workers regardless of any specific employment contract or industrial agreement that may exist.
Importantly, Enterprise Agreements, industrial Awards and contracts of employment cannot legally included rights and entitlements that are lower than the NES safety net.
At Websters, we provide expert advice to many clients regarding whether their employer has complied with their NES obligations.
The 10 National Employment Standards include specific employment rights pertaining to:
- Maximum weekly hours of work, plus overtime
- The ability for workers to request flexible working arrangements in certain circumstances (for example, if they have caring responsibilities for children or people with a disability)
- Parental leave, including maternity, paternity and adoption leave
- Annual leave, including 4 weeks per year for full-time workers, and an additional week of leave in certain circumstances
- Personal / carer’s leave and compassionate leave
- Community service leave, including leave for jury duty
- Long service leave
- Rights and entitlements regarding work in Public Holidays
- Notice of termination and redundancy pay, based on a worker’s length of service
- Obligation for employers to provide new employees with the Fair Work Information Statement which provides important information about a worker’s industrial rights and entitlements.
If you believe your industrial rights have been breached by your employer or you have been denied access to your NES entitlements, contact one of our expert industrial lawyers for advice.