What are the National Employment Standards?
The National Employment Standards (NES) are the minimum employment entitlements in the Fair Work Act that apply to all national system employees in Australia, covering hours, leave, notice, redundancy and superannuation. No award, agreement or contract can provide less.
Key NES minimums
Maximum weekly hours38, plus reasonable additional hours
Annual leave4 weeks paid per year (5 for some shift workers)
Personal/carer's leave10 days paid per year
Family and domestic violence leave10 days paid per year
Notice and redundancyScales with service (see the notice period and redundancy pay terms)
SuperannuationAn NES entitlement since 1 January 2024
What do the NES cover?
The NES set the entitlement floor for every national system employee: maximum weekly hours, requests for flexible working arrangements, parental leave, annual leave, personal and carer's leave, compassionate leave, family and domestic violence leave, community service leave, long service leave (as a transitional entitlement), public holidays, notice of termination and redundancy pay, superannuation, and the Fair Work Information Statement. Casual employees receive a subset, balanced by casual loading and the conversion pathway.
Who do the NES apply to?
All employees in the national workplace relations system, which covers the large majority of Australian employment. They apply regardless of award coverage, salary level or contract wording. An executive on $400,000 has the same NES annual leave entitlement as a graduate, and a contract term that tries to sit below the NES is simply unenforceable.
How do the NES interact with awards and agreements?
Think of it as layers. The NES are the floor, the applicable modern award or enterprise agreement builds on top of it, and the employment contract can only add from there. When instruments conflict, the employee gets the more beneficial entitlement.
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