National Employment Standards (NES)

This information is complimentary only and isn't to be relied upon – refer to source materials, authorities' webpages, or expert advice for matters that may affect your employment.

See the Fair Work Commission's webpage for up-to-date information on National System employment standards. 

What Are the NES?

The minimum entitlements of the NES are:

• Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.
• Requests for flexible working arrangements – certain employees can ask to change their working arrangements.
• Parental leave and related entitlements – up to 12 of months of unpaid leave and the right to ask for an extra 12 months of unpaid leave. Also includes adoption-related leave.
• Annual leave – 4 weeks of paid leave per year, plus an additional week for some shiftworkers.
• Sick and carer’s leave and compassionate leave – 10 days of paid sick and carer’s leave (pro rata for part-time employees), 2 days of unpaid carer’s leave as required and 2 days of compassionate leave as required.
• Family and domestic violence leave – 10 days of paid leave per year.
• Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
• Long service leave – paid leave for employees who have been with the same employer for a long time.
• Public holidays – a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work.
• Notice of termination and redundancy pay – up to 5 weeks’ notice of termination and up to 16 weeks’ redundancy pay, both based on length of service.
• Superannuation (super) – employers must make contributions to eligible employees' super funds under super guarantee laws. Super is also a NES entitlement (some exclusions apply).
• Provision of the Fair Work Information Statement and the Casual Employment Information Statement – the Fair Work Information Statement must be provided by employers to all new employees. All casual employees must also be given the Casual Employment Information Statement when they start employment, and at set times throughout their employment.
• Employee choice about casual employment – pathways for a casual employee to become a full-time or part-time employee in some circumstances.

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.

Some State Government employees may have to refer to different State rules, which are often very similar to the Federal system. 

Casual employees and the NES

Casual employees receive some (but not all) NES entitlements. If you've been employed regularly and systematically for at least 12 months, you may also be entitled to request flexible working arrangements, take unpaid parental leave, or request conversion to permanent employment.

If you're unsure what applies to you as a casual, get in touch — our team can clarify.

In some states and territories long serving casuals are eligible for long service leave.

Need more help? 

If you're a member. Please Log in at member.redunion.com.au → find "Get Help?" → click "Member Support Form" → complete the form.

Not a member yet? Well Red Unions generally have a policy to not take on pre-existing issues as we must focus on current member issues. Sometimes the industrial team does allow a maximum 20-minute chat for pre-existing issues (depending on our team's capacity).

To sign-up directly via the sign-up form: 

1. Visit the signup form relevant to your industry (Nursing / Midwifery | Allied Health | Education | Officer | Other | New Zealand);
2. Tick "Yes" when prompted about pre-existing issues;
3. Wait for the onboarding emails after that's received –>
4. You can fill in an Member Support Form (be sure to tick "Yes" to the pre-existing question – our teams expect honesty on forms).