The National Employment Standards (NES) are 11 minimum employment entitlements that have to be provided to all employees.
The 11 minimum entitlements of the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Offers and requests to convert from casual to permanent employment
- Parental leave and related entitlements
- Annual leave
- Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
Who's covered by the NES?
All employees in the national workplace relations system are covered by the NES regardless of the award, registered agreement or employment contract that applies.
Casual employees and the NES
Casual employees only get some NES entitlements including:
- offers and requests to convert from casual to permanent employment
- unpaid carer's leave
- unpaid compassionate leave
- unpaid family and domestic violence leave
- unpaid community service leave
- the Fair Work Information Statement and the Casual Employment Information Statement.
In some states and territories long serving casuals are eligible for long service leave.
Casual employees can request flexible working arrangements and take unpaid parental leave if:
- they have been employed by their employer as a casual employee on a regular and systematic basis over at least 12 months, and
- they reasonably expect to continue being employed by the employer on a regular and systematic basis.
Source reference: Fair Work Act 2009 s.61
If you believe your employer has denied your entitlements, please complete a member support form through your member dashboard and one of our friendly team members would be happy to assist you.