National Employment Standards (NES)

The National Employment Standards (NES) refer to the minimum standards that apply to all members working for a national employer under the Fair Work Act ie aged care, private hospitals and any other private sector employers. There are 10 minimum standards that make up the NES:

  • Maximum weekly hours of work – 38 ordinary hours per week, plus reasonable additional hours.
  • Parental Leave – up to 12 months unpaid leave with an ability to request an additional 12 months unpaid leave.
  • Annual Leave – All employees are provided with 4 weeks leave per annum and shift workers are provided with an additional 1 week.
  • Personal/Carers and compassionate leave – Permanent employees are entitled to 10 days personal/carers leave and another 2 days unpaid carer’s leave, plus 2 days compassionate leave.
  • Long Service Leave – In NSW according to the Long Service Leave Act 1955. In ACT according to the Long Service Leave Act 1976.
  • Community Service Leave– Unpaid leave for members involved in Volunteer organisations (e.g. SES) and up to 10 days paid leave for Jury Duty.
  • Public Holidays – Recognition of gazetted Public Holidays
  • Notice of termination and redundancy pay – In the case of termination or redundancy the NES outlines the notice periods that must be provided based on length of service. The redundancy provisions provide up to 16 weeks redundancy pay.
  • Right to request flexible work arrangements – Members with children under school age may request flexible work arrangement until the child reaches school age. Such a request must not be unreasonably denied by the employer.
  • Fair Work Statement – All new employees to be given a copy of the Fair Work Statement which provides information on modern awards, employee rights, freedom of association, the NES, workplace flexibility and Fair Work Australia.

Find out more by viewing these facts sheets. Click here

Note: If you are employed in the NSW Public sector then you are not covered by the Federal industrial relations system and different conditions may apply.