Page 12 - VACC Membership Kit 2023

Industrial Relations Services (cont.)
National Employment Standards (NES)
The National Employment Standards (NES) are minimum terms and conditions of employment (set out in the Fair Work Act 2009) that apply to national workplace relations system employees. The NES are minimum standards that cannot be overridden by the terms of any registered enterprise agreements, awards or contracts of employment.
The NES applies to all Award and non-Award employees covered by the national workplace relations system. 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.
(Refer to Fact Sheet 1.1 National Employment Standards (NES) – Minimum Workplace Entitlements)
What are the minimum workplace entitlements in the NES?
1. Maximum of 38 weekly hours of work – plus reasonable additional hours.
2. Right to request flexible working arrangements – eligible employees can request
a change in their working arrangements in certain circumstances.
3. Offers and requests for casual conversion – employers of 15 or more employees must offer eligible casual employees (and any eligible casual employee may request) conversion from casual to part-time or full-time employment after 12 months service.
4. Parental and adoption leave up to 12 months’ unpaid leave for each employee, plus a right to request an additional 12 months’ unpaid leave.
5. Annual leave
• four weeks’ paid leave per year
• plus, an additional week for certain continuous shift workers.
6. Personal/Carer’s leave, compassionate leave
• 10 days paid personal/carer’s leave for full-time employees (pro-rata for part-time employees)
• two days unpaid carer’s leave as required
• two days paid compassionate leave for each permissible occasion (unpaid for casuals) as required
7. Paid family and domestic violence leave
• 10 days paid family and domestic violence leave (in 12 month period).
8. Community service leave for jury service or activities dealing with certain emergencies or natural disasters. This leave is unpaid except for jury service.