The National Employment Standards (NES) are the minimum entitlements that every employee in the national workplace relations system gets, set out in Part 2-2 of the Fair Work Act 2009 (Cth). An award, enterprise agreement or employment contract can give you more, but not less: a term of an award or agreement that gives you less has no effect (ss 55-56). Your employer contravenes the Act if it does not give you your NES entitlements (s 44).
Are you covered? The NES apply to national system employees: in WA, that is broadly anyone employed by a company (a Pty Ltd or similar). If you work for a sole trader, a partnership, a trust run by individuals, a WA local council or the WA public sector, you are probably in the WA state system, where the Minimum Conditions of Employment Act 1993 (WA) sets your floor instead. A few Fair Work Act entitlements (notice of termination, unpaid parental leave and paid family and domestic violence leave) reach WA state system employees too. See Am I in the state or federal system? and minimum conditions in the WA state system.
The 12 Minimum Standards
| Standard | What you get (in brief) | Sections |
|---|---|---|
| Maximum weekly hours | No more than 38 hours a week (full-time), plus reasonable additional hours | ss 62-64 |
| Requests for flexible working arrangements | A right to request, a written answer within 21 days, refusal only on reasonable business grounds | ss 65-65C |
| Casual employment | The employee choice pathway to permanent work | ss 66AAA-66MA |
| Parental leave | Up to 12 months' unpaid leave, a right to request 12 more, and related entitlements | ss 67-85 |
| Annual leave | 4 weeks a year (5 for some shiftworkers) | ss 86-94 |
| Personal/carer's, compassionate and family and domestic violence leave | 10 days' paid personal/carer's leave; 2 days' compassionate leave per occasion; 10 days' paid family and domestic violence leave | ss 95-107 |
| Community service leave | Leave for voluntary emergency management and jury service | ss 108-112 |
| Long service leave | Preserves certain award-based entitlements; otherwise state law (in WA, the Long Service Leave Act 1958) | s 113 |
| Public holidays | A day off, paid if it falls on an ordinary working day; you can refuse unreasonable requests to work | ss 114-116 |
| Superannuation contributions | Your employer must make superannuation contributions for you | Div 10A |
| Notice of termination and redundancy pay | 1 to 5 weeks' notice; 4 to 16 weeks' redundancy pay | ss 117-123 |
| Information statements | The Fair Work Information Statement, and the Casual Employment Information Statement for casuals | ss 124-125B |
Maximum Weekly Hours
A full-time employee must not be requested or required to work more than 38 hours a week, and a part-time employee more than the lesser of 38 hours and their ordinary hours, unless the additional hours are reasonable. You can refuse unreasonable additional hours. See work hours and breaks.
Flexible Working Arrangements
After 12 months' service, you can request a change to your hours, pattern or location of work if you are pregnant, a parent or carer of a child of school age or younger, a carer, have a disability, are 55 or older, or are affected by family and domestic violence. Since 6 June 2023, the Fair Work Commission can arbitrate disputes. See flexibility at work.
Casual Employment
Since 26 August 2024, a casual who has worked for 6 months (12 with a small business) and believes they no longer meet the casual definition can notify their employer that they want to become permanent. See casual employees.
Parental Leave
After 12 months' service (or as a regular casual), you can take up to 12 months' unpaid parental leave for the birth or adoption of a child, up to 100 days of which can be taken flexibly, and request up to 12 more months. Since 6 June 2023 your employer can refuse an extension only on reasonable business grounds after discussing it with you, and the Fair Work Commission can deal with disputes. You also have a right to return to your job. See types of leave.
Annual Leave
4 weeks of paid annual leave for each year of service (5 weeks for some shiftworkers), building up with your ordinary hours and carrying over from year to year. Your employer must not unreasonably refuse a request to take it, and must pay out untaken annual leave when your employment ends (ss 88, 90). Casuals do not get paid annual leave.
Personal/Carer's, Compassionate And Family And Domestic Violence Leave
- Paid personal/carer's leave: 10 days a year for full-time employees, pro rata for part-time, carrying over from year to year (s 96). See sickness.
- Unpaid carer's leave: 2 days per occasion, for all employees including casuals.
- Compassionate leave: 2 days per occasion, when a member of your immediate family or household dies or has a life-threatening illness or injury, on a stillbirth, or on a miscarriage (s 104).
- Paid family and domestic violence leave: 10 days in each 12-month period for all employees including casuals, available in full from the start (s 106A). It applied to larger employers from 1 February 2023 and to small businesses from 1 August 2023.
Community Service Leave
Unpaid leave for eligible community service activities, including voluntary emergency management activities with a recognised emergency management body (such as the SES or a volunteer fire service). For jury service, non-casual employees must be paid their base rate for up to 10 days of absence per jury summons, less any jury pay they receive (s 111).
Long Service Leave
The NES preserve long service leave terms in certain pre-modern awards and agreements (s 113). For most employees in WA, long service leave comes from the Long Service Leave Act 1958 (WA): 8⅔ weeks after 10 years, with pro rata payment from 7 years unless your employer dismisses you for serious misconduct.
Public Holidays
You are entitled to be absent on a public holiday. If it falls on a day you would ordinarily work, you are paid your base rate for your ordinary hours (s 116). Your employer can ask you to work if the request is reasonable, and you can refuse if the request is unreasonable or your refusal is reasonable (s 114).
Superannuation Contributions
Division 10A of Part 2-2 makes superannuation contributions part of the NES. The superannuation guarantee rate is 12% from 1 July 2025. From 1 July 2026 it is calculated on qualifying earnings for each payday ("Payday Super"), and it must reach the employee's super fund within 7 business days of payday, with some exceptions such as for new employees (ATO, About Payday Super).
Notice Of Termination And Redundancy Pay
- Notice (s 117): 1 week (not more than 1 year's service), 2 weeks (more than 1 and up to 3 years), 3 weeks (more than 3 and up to 5 years), 4 weeks (more than 5 years), plus 1 week if you are over 45 with at least 2 years' service. Your employer can pay you in lieu. See notice and final pay.
- Redundancy pay (s 119): 4 to 16 weeks' base pay depending on service, for employees with at least 12 months' service with an employer that is not a small business. See redundancy pay.
Information Statements
Your employer must give you the Fair Work Information Statement when you start (s 125). Casuals must also get the Casual Employment Information Statement (s 125B), and fixed-term employees the Fixed Term Contract Information Statement (s 333K).
Other Protections Outside The NES
Some important rights sit elsewhere in the Fair Work Act rather than in the NES, including the ban on pay secrecy clauses, the limits on fixed-term contracts, and the right to disconnect.
How We Can Help
If you have not received your minimum entitlements, you can usually claim them for up to 6 years back. See I've Been Underpaid, or contact us for a free confidential discussion.