Under the Fair Work Act 2009 employees are provided with a safety net of minimum terms and conditions of employment through the National Employment Standards (NES), which all employers are required to meet with their employees.
The 10 new National Employment Standards are the legislated minimum standards which form the basis of the new ‘safety net’ for employees. These new Standards will commence operation on 1 January 2010 and replace the current ‘Fair Pay and Conditions Standard’. The Standards underpin the new Modern Award System and will override any new or existing Enterprise Agreements
There are 10 National Employment Standards contained in the Act.
There Act requires that a “Fair Work Information Statement” which highlights the Employment Standards be provided to all new employees from January 1 2010.
The National Employment Standards are as follows:
- A maximum standard working week of 38 hours for full-time employees, plus 'reasonable' additional hours.
- A right to request flexible working arrangements to care for a child under school age, or a child (under 18) with a disability.
- Parental and adoption leave of 12 months (unpaid), with a right to request an additional 12 months.
- Four weeks paid annual leave each year (pro rata).
- Ten days paid personal/carer's leave each year (pro rata), two days paid compassionate leave for each permissible occasion, and two days unpaid carer's leave for each permissible occasion.
- Community service leave for jury service or activities dealing with certain emergencies or natural disasters. This leave is unpaid except for jury service.
- Long service leave.
- Public holidays and the entitlement to be paid for ordinary hours on those days.
- Entitlement to notice of termination, redundancy pay or payment in lieu.
- The right for new employees to receive the Fair Work Information Statement.