What are the NES?
The NES are 12 minimum workplace entitlements that apply to all employees in the national workplace relations system.
The National Employment Standards (NES) are 12 minimum entitlements that apply to all employees covered by the Fair Work Act. They cover maximum weekly hours, flexible work requests, casual employment, parental leave, annual leave, personal/carer's leave, community service leave, long service leave, public holidays, superannuation contributions, notice of termination and redundancy pay, and the Fair Work Information Statement.
Awards and agreements can add to the NES but can never take away from them. They're the absolute floor of workplace rights in Australia.
Key facts
- •12 minimum entitlements covering hours, leave, super, termination, and more
- •Apply to all national system employees regardless of their award
- •Cannot be overridden by an award or enterprise agreement
- •Include right to request flexible working arrangements
- •Superannuation contributions joined the NES on 1 January 2024
- •Set out in Part 2-2 of the Fair Work Act 2009
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Employment CheckFrequently asked questions
Do the NES apply to casual employees?
Yes, but not all 12 entitlements apply equally. Casuals get some, including employee choice about casual employment, paid family and domestic violence leave, unpaid carer's leave, community service leave, superannuation contributions and the right to be absent on a public holiday — but not paid annual leave or paid personal/carer's leave.
Can an enterprise agreement override the NES?
No. An enterprise agreement can provide more than the NES but can never reduce these minimum standards.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.