From the fairgov website:
"The National Employment Standards (NES) are 10 minimum employment entitlements that have to be provided to all employees. [Together with the National Minimum Wage, they] make up the [total] minimum entitlements for employees in Australia.
An award, employment contract, enterprise agreement or other registered agreement can't provide for conditions that are less than the national minimum wage or the NES. They can’t exclude the NES.
The 10 minimum entitlements of the NES are:
- Maximum weekly hours (38 hour weeks)
- Requests for flexible working arrangements for employees who have worked with the same employer for at least 12 months that:
- are the parent, or have responsibility for the care, of a child who is school aged or younger
- are a carer (under the Carer Recognition Act 2010)
- have a disability
- are 55 or older
- are experiencing family or domestic violence, or
- provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.
- casual employees that:
- they've been working for the same employer regularly and systematically for at least 12 months
- there's a reasonable expectation of continuing work with the employer on a regular and systematic basis
- Parental leave and related entitlements
- Employees are entitled to 12 months of unpaid parental leave. They can also request an additional 12 months of leave
Employees who are taking parental leave to care for an adopted child are also entitled to 2 days unpaid pre-adoption leave to attend relevant interviews or examinations. This leave can't be used if an employer tells an employee to take another type of leave (eg. paid annual leave).
Employees who have taken parental leave don't have to work for another 12 months before they can take another period of parental leave with that same employer.
However if they have started work with a new employer they will need to work with that employer for at least 12 months before they can take parental leave.
- Annual leave
- Full-time and part-time employees get 4 weeks of annual leave, based on their ordinary hours of work
- Shiftworkers may get up to 5 weeks of annual leave per year.
- Personal carers leave and compassionate leave
- 10 days each year for full-time employees
- pro rata of 10 days each year depending on their hours of work for part-time employees.
- All employees are entitled to 2 days compassionate leave each time an immediate family or household member dies or suffers a life threatening illness or injury.
The compassionate leave can be taken as:
- a single continuous 2 day period, or
- 2 separate periods of 1 day each, or
- any separate periods the employee and the employer agree.
- Community service leave
- An employee is entitled to take community service leave while they are engaged in the activity and for reasonable travel and rest time. There is no limit on the amount of community service leave an employee can take.
- Long service leave - See your state
- ACT - WorkSafe ACT
An employee who completes a period of continuous service of at least 7 years is entitled to 6.0667 weeks paid leave. When a public holiday or award holiday falls during long service leave, the period of long service leave is increased by one day for each public or award holiday.
For each subsequent year of continuous service, the employee accrues a further 1/5 of a month of long service leave.
Continuous Service includes:
Periods of annual leave or long service leave
- Leave for up to 2 weeks per year for illness or injury
- A period in which the employee’s service is interrupted or terminated by the employer with the intention of avoiding the granting of long service leave
- The period of apprenticeship of an employee who commences service with an employer within 12 months of completing the apprenticeship or approved training contract with the employer.
Where an employee has been employed for at least 5 years but less than 7 years and the employment is terminated:
- by the person, because of illness or incapacity or a domestic or other pressing necessity of such a nature to justify the termination or
- by the person upon or after attaining the minimum retiring age; or
- by the death of a person
- by the employer, for reason(s) other than for the employee's serious and wilful misconduct.
- The employee is entitled to a pro rata payment of long service leave for each completed year and month of service.
- click here for more info
- NSW - NSW Industrial Relations
Long service leave applies to most NSW employees who are full-time, part-time or casuals.
If you have been working for the same employer for 10 years you are entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage under the NSW Long Service Leave Act 1955 (the Act).
The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:
- incapacity or
- domestic or other pressing necessity.
If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.
The Act also provides for a pro-rata entitlement after five years, if an employee’s services have been terminated by the employer for any reason other than serious and wilful misconduct, or if the employee dies.
If an employee ceases employment before 5 years service there is no entitlement for long service leave.
- NT - NT Government
- Qld - Queensland Industrial Relations
- SA - SafeWork SA
- Tas. - WorkSafe Tasmania
- Vic. - Business Victoria
- WA - Commerce WA
- ACT - WorkSafe ACT
- Public holidays - click here to see your public holidays per state
- Notice of termination and redundancy pay
- Fair Work Information Statement