What are the 10 National Employment Standard (NES) entitlements?
The NES are set out in the Fair Work Act 2009 and comprise
10 minimum standards of employment. In summary, the NES involve the
following minimum entitlements: Maximum weekly hours of work – 38 hours per week,
plus reasonable additional hours. Requests for flexible working arrangements – allows
parents or carers of a child under school age or of a child under 18
with a disability, to request a change in working arrangements to assist
with the child’s care. Parental leave and related entitlements – up to 12
months unpaid leave for every employee, plus a right to request an
additional 12 months unpaid leave, plus other forms of maternity,
paternity and adoption related leave. Annual leave – 4 weeks paid leave per year, plus an
additional week for certain shift workers.
Personal / carer’s leave and compassionate leave –
10 days paid personal / carer’s leave, two days unpaid carer’s leave as
required, and two days compassionate leave (unpaid for casuals) as
required.
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 – a transitional entitlement for
certain employees who had certain LSL entitlements before 1/1/10 pending
the development of a uniform national long service leave standard. Public holidays – a paid day off on a public
holiday, except where reasonably requested to work. Notice of termination and redundancy pay – up to 4
weeks notice of termination (5 weeks if the employee is over 45 and has
at least 2 years of continuous service) and up to 16 weeks redundancy
pay, both based on length of service.
Provision of a Fair Work Information Statement –
employers must provide this statement to all new employees. It contains
information about the NES, modern awards, agreement-making, the right to
freedom of association, termination of employment, individual
flexibility arrangements, rights of entry, transfer of business, and the
respective roles of Fair Work Australia and the Fair Work Ombudsman.
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