What are the National Employment standards?
The FW A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. created the National Employment Standards (NES), which took effect on 1 January 2010. Detailed information about the NES is in sections 61–125 of the FW Act. The NES are Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. terms and conditions of employment that apply to all employees in the national system (defined in s 13 FW Act), including management employees. The NES cannot be displaced by awards, enterprise agreements or (1) The system of law developed by the English courts through precedent and adopted in ‘common law countries’ in the British Commonwealth (as opposed to Roman law (civil law) or ecclesiastical law). (2) The case law made by judges in that system. (3) Case law that is not part of the law of equity. (4) Historically, the rules of law common to all people in England, as distinct from local or customary laws. contracts of employment, unless that is specifically provided for in the FW Act.
The 12 National Employment Standards
In summary, the NES are:
- Employees are to work a maximum of 38 hours per week, subject to additional hours if reasonable. These hours may be averaged over a period of time (ss 62–64 FW Act).
- Employees have the right to request flexible working arrangements if they are experiencing circumstances specified by the FW Act. These circumstances include the employee:
- having a disability;
- being a carer within the meaning of the Carer Recognition Act 2010 (Cth);
- being aged 55 years or older;
- experiencing family violence or supporting someone who is experiencing family violence;
- having caring responsibilities for a child.
The employer must respond in writing and can only refuse on reasonable business grounds (s 65).
- Employees are entitled to parental leave and related entitlements of, among other things, up to 12 months of unpaid parental leave to care for a child (ss 67–85).
- Employees are entitled to annual leave of four weeks accrued for each year of full-time Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. or five weeks for shift workers, as defined in the FW Act (ss 86–94).
- Employees are entitled to personal or carer’s leave of 10 days paid per year with the possibility of further unpaid days in circumstances defined in the FW Act. Employees are entitled to compassionate leave of two days per year in circumstances defined in the FW Act (ss 95–107).
- Employees are entitled to community service leave to To promise to do or not do something, such as returning to court on a certain day, or to hand a document over to another party in a legal proceeding. An undertaking is enforceable by attachment or like an injunction. community service, such as volunteering for a fire-fighting body. Types of community service and circumstances are defined in the FW Act (ss 108–112).
- Employees are entitled to long service leave when they have worked for the same employer (or in some cases, in the same industry) for a long time (s 113).
- Employees are entitled to be absent from work on the public holidays specified in the FW Act, unless the employer makes a reasonable request for an employee to work and the employee does not have a reasonable basis for refusing (ss 114–116).
- Employees are entitled to receive notice of The end of something. Contracts terminate when the parties have done what they agreed. A contract can also be terminated without being completed, for example if one party breaks the contract, or it is impossible to carry out. or pay Instead of. So, time in lieu is time off instead of payment for overtime worked. according the table on the next page.
- Employees are entitled to redundancy pay if an employee’s employment is terminated:
- at the employer’s initiative because the employer no longer wants the job of the employee done by anyone, except where this is due to the ordinary and customary turnover of labour; or
- because of the employer’s insolvency or When a debtor who cannot pay their debts has their money and property taken over and managed by a trustee who uses it to pay back creditors. The debtor is then called a bankrupt..
Redundancy pay periods are calculated as shown in the table below (ss 117–123).
- An employer must provide a Fair Work Information Statement to each of their employees (ss 124–125).
- Employees are entitled to family and domestic violence leave of five days unpaid each year (ss 106A–106E).
|Employee’s period of continuous service with the employer at the end of the day the notice is given||Period|
|Not more than 1 year||1 week|
|More than 1 year but not more than 3 years||2 weeks|
|More than 3 years but not more than 5 years||3 weeks|
|More than five years||4 weeks|
Note: The period of notice is increased by one week if the employee is over 45 years old and has completed at least two years of continuous service with the employer.
|Employee’s period of continuous service with the employer on termination||Redundancy pay period|
|At least 1 year but less than 2 years||4 weeks|
|At least 2 years but less than 3 years||6 weeks|
|At least 3 years but less than 4 years||7 weeks|
|At least 4 years but less than 5 years||8 weeks|
|At least 5 years but less than 6 years||10 weeks|
|At least 6 years but less than 7 years||11 weeks|
|At least 7 years but less than 8 years||13 weeks|
|At least 8 years but less than 9 years||14 weeks|
|At least 9 years but less than 10 years||16 weeks|
|At least 10 years||12 weeks|