Minimum entitlements for employees
The national minimum wage and the NES make up the 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.
Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) when they start their new job. Employers also have to give every new casual employee a copy of the Casual Employment Information Statement (the CEIS) at the same time.
What are the 11 minimum NES entitlements?
The 11 minimum entitlements of the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Offers and requests to convert from casual to permanent employment
- Parental leave and related entitlements
- Annual leave
- Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
Who's covered by the NES?
All employees in the national workplace relations system are covered by the NES regardless of the award, registered agreement or employment contract that applies.
Casual employees and the NES
Casual employees only get some NES entitlements including:
- offers and requests to convert from casual to permanent employment
- unpaid carer's leave
- unpaid compassionate leave
- unpaid family and domestic violence leave
- unpaid community service leave
- the Fair Work Information Statement and the Casual Employment Information Statement.
In some states and territories long serving casuals are eligible for long service leave.
Casual employees can request flexible working arrangements and take unpaid parental leave if:
- they have been employed by their employer as a casual employee on a regular and systematic basis over at least 12 months, and
- they reasonably expect to continue being employed by the employer on a regular and systematic basis.
See Casual employees for more information.
Source reference: Fair Work Act 2009 s.61
https://www.fairwork.gov.au/employment-conditions/national-employment-standards
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