Your Rights at Work: National Employment Standards

What are the National Employment Standards?

The National Employment Standards (NES) are 12 minimum rights that protect nearly every worker in Australia. Think of them as your baseline workplace rights – the absolute minimum your employer must give you.

Here’s the important bit: your award, agreement or contract can give you MORE than the NES, but never less. The NES are locked into Australian law through the Fair Work Act, so they’re non-negotiable.

Your 12 Minimum Rights

1. Maximum working hours

38 hours per week maximum for full-time workers (less if you’re part-time), plus reasonable additional hours when needed.

2. Flexible working arrangements

The right to request flexible work options if you’re in certain situations – like caring for someone, being pregnant, having a disability, being 55 or older, or experiencing family violence. This includes being able to request changes to hours of work, patterns of work and location of work (including WFH). It also includes a request to return to work part time following parental leave. Employees must have 12 months’ service with an employer before making a request, and the entitlement applies to some casual employees. 

3. Parental leave

Time off (up to 12 months unpaid leave) when you have or adopt a child, plus related entitlements, such as the right to ask for an extra 12 months of unpaid leave, keeping in touch days, transfer to a safe job, paid no safe job leave and a return-to-work guarantee. Employees must have 12 months’ service with an employer before making a request to take parental leave, and the entitlement applies to some casual employees. 

4. Annual leave

At least four weeks paid leave each year if you’re full-time (you may be entitled to five weeks if you’re a shift worker). Annual leave is not available for casual workers. 

5. Personal/carer’s leave, compassionate leave, and family and domestic violence leave

Ten days paid personal/carer’s leave when you’re unwell or need to care for someone; two days paid compassionate leave when you experience loss (e.g. of a family member); and 10 days paid family and domestic violence leave. Casuals are entitled to two days of unpaid carer’s leave and two days of unpaid compassionate leave per occasion, and are entitled to 10 days paid family and domestic violence leave.

6. Community service leave

Unpaid leave for community service activity such as emergency volunteering and jury duty. Employees (other than casuals) are entitled to be paid for up to 10 days for jury service. Casuals are entitled to unpaid community service leave, but are not entitled to payment for jury service. Further entitlements to pay while performing jury service may apply under state/territory laws. 

7. Long service leave

Extended leave after working for the same employer for a long time (usually several years).The level of long service leave entitlements varies according to state/territory laws, or for some workers, the applicable award or agreement. 

8. Public holidays

Paid days off on public holidays where you have ordinary hours of work on that day – unless your job reasonably requires you to work. This entitlement applies to casual employees, who will be paid for public holidays where they are rostered on to work. Which public holidays apply is determined under state/territory laws.

9. Notice and redundancy pay

Your employer must give you proper notice (or payment instead of notice) if they’re ending your job, plus redundancy pay in certain situations. The minimum period of notice to be given and the amount of any redundancy pay depends on how long you have worked for your employer. These entitlements do not apply to casual employees. 

10. Fair Work Information Statement and Casual Employment Information Statement

You must receive the Fair Work Information Statement when starting a new job – it explains your basic rights and how the Fair Work Commission works. Your employer must give it to your either before you start your job or as soon as possible after. If you’re a casual employee, your employer must also give you the Casual Employment Information Statement which explains your basic rights as a casual.

11. Casual conversion

A pathway for casual workers to become permanent employees after working regular hours with their employer over time.

12. Superannuation

An obligation for employers to make payments into a superannuation fund on your behalf. The payments must at least be in line with the Superannuation Guarantee (currently 12% of ordinary time earnings). This right also applies to casual employees. 

Who’s covered?

Most employees get all of these rights, however you may not be covered by all of these rights if you are a state or local government employee, depending on which state you are in, or in WA depending on who your employer is (the three exceptions to this are parental leave, notice of termination and paid family and domestic violence leave, which are available to employees regardless of who their employer is). You’re NOT covered by the NES if you’re an independent contractor. 

Special rules for casual workers

If you’re casual, you get some but not all NES entitlements:

You ARE entitled to:

• Maximum weekly hours
• Unpaid carer’s leave (2 days per occasion)
• Unpaid compassionate leave (2 days per occasion)
• 10 days paid Family and Domestic Violence Leave
• Community service leave (except paid jury service) 
• Fair Work Information Statement and the Casual Employment Information Statement 
• Public holidays
• Casual conversion rights
• Superannuation contributions

Extra rights for casuals after 12 months: If you’ve worked regularly for the same employer for at least a year and have an expectation of ongoing employment, you may also get unpaid parental leave and related entitlements, and the right to request flexible working arrangements. 

You might also be eligible for long service leave in some situations.

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