What are the NES?
The NES are 11 minimum workplace entitlements that apply to all employees in the national workplace relations system.
The National Employment Standards (NES) are 11 minimum entitlements that apply to all employees covered by the Fair Work Act. They cover things like maximum weekly hours, annual leave, personal leave, parental leave, and notice of termination.
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
- •11 minimum entitlements covering hours, leave, 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
- •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 11 entitlements apply equally. Casuals get some entitlements like unpaid carer's leave and community service leave, but not paid annual leave or paid personal 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.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.