What are the NES?
The National Employment Standards (NES) are eleven minimum entitlements established by the Fair Work Act 2009 (Cth). They form the federal floor of Australian employment law: every employee covered by the national workplace relations system gets at least these conditions, no matter what their award, agreement or contract says.
If your modern award or contract improves on the NES, you get the better deal. If it tries to reduce below the NES, the NES wins and that part of the contract is invalid.
The NES applies to approximately 95% of Australian employees. The exceptions are narrow, mainly state-government employees in WA who are covered by state law instead.
Who is covered by the NES?
You're covered by the NES if you're an employee of a “national system employer.” That includes most companies, federal public servants, and most private-sector employees nationwide.
The 11 NES entitlements
Here are the eleven minimum standards, in the order they appear in the Fair Work Act.
1. Maximum weekly hours
Up to 38 hours per week, plus reasonable additional hours.
2. Flexible work requests
After 12 months of continuous service, eligible employees can request flexible work arrangements.
3. Parental leave and related entitlements
Up to 12 months unpaid parental leave, plus the government's Paid Parental Leave (PPL) scheme: 120 days (24 weeks) currently, increasing to 130 days (26 weeks) from 1 July 2026.
PPL is paid at the National Minimum Wage and may be split between parents. Run the numbers in our PPL calculator.
4. Annual leave
FT and PT employees accrue 4 weeks of paid annual leave per year. Casuals don't accrue paid annual leave: they receive a 25% loading instead.
Section 87 of the Fair Work Act 2009 (Cth), “Entitlement to annual leave.”
5. Personal/carer's leave and compassionate leave
10 days of paid personal/carer's leave per year. Plus 2 days of compassionate leave per occasion.
6. Community service leave
Unpaid leave for jury duty, voluntary emergency-management activities and community service. Jury duty includes top-up to ordinary pay for 10 days.
7. Long service leave
Governed by state and territory law, not the NES. See the state-by-state LSL guide.
8. Public holidays
Employees are entitled to be absent on a public holiday without losing pay.
9. Notice of termination and redundancy pay
Notice ranges from 1 week (under 1 yr) to 5 weeks (over 5 yrs, age 45+). Redundancy pay is a sliding scale capping at 16 weeks.
Maya has worked 6 years for the same employer and is made redundant. NES notice: 4 weeks. NES redundancy: 11 weeks. Plus all unused annual leave paid out.
10. Fair Work Information Statement
Every new employee must receive the Fair Work Information Statement on day one.
11. Casual conversion
After 6 months of employment (12 months for small business), casuals who believe they no longer meet the casual definition can notify their employer of their intention to convert to permanent employment.
How the NES interacts with awards and contracts
The NES is the floor. Modern awards and enterprise agreements sit on top, often providing better conditions. Whichever is more generous to the employee wins.
Common NES myths debunked
Myth 1: “Probation employees don't accrue leave.” Wrong. Annual leave starts accruing on day one.
Myth 2: “Casuals get no leave at all.” Wrong. Casuals get unpaid carer's leave, public-holiday rights, paid family and domestic violence leave, and in some states LSL.
Myth 3: “A contract clause overrides the NES.” Wrong. The NES wins.
Key takeaways
- The NES is the federal minimum. Your award or contract can improve but never reduce.
- 11 entitlements covering hours, flexibility, parental, annual, personal, community, LSL, holidays, notice, info and casual conversion.
- Annual leave (4 weeks) accrues from day one, including during probation.
- Casuals trade paid leave for the 25% loading.
- If your employer offers less than the NES, the NES wins, even if you signed the contract.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.