National Employment Standards (NES) in Australia - Desklib

LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

PART - A
The NES National Employment Standards is a HR related law applicable in Australia involves
minimum standards associated with the employment which is mentioned in the Fair Work Act of
2009. It is applicable on all employers and employees of the national system. It is meant for
national system employees as it creates safety net entitlements for them. All the awards and
agreements emerged in modern times must not exclude the NES by having less generous
entitlements. NES can be applied differently to an agreements and awards associated with casual
employees and free employees. All the agreements that are made before the commencement and
framing of these standards containing terms that are detrimental to the employees in relation to
the NES, such terms have no effect.
Purpose of NES
NES contains a set of 11 minimum entitlements which are meant for national workplace system
employees within Australia. These minimum standards associated with employment revolves
around flexible working arrangements, hours of work and leave related entitlements. These 11
minimum standards are explained below:
1. Maximum working hours in a week: The maximum working hours for an employee
employed as a permanent full – time employee fixed at 38 hours, where additional
reasonable hours can also be involved.
2. Flexible working arrangements and related requests: It is a type of entitlement which
allows employees to ask or request for making change in their working arrangements in
order to overcome their specific circumstances.
3. Parental leave & related entitlements: This standard of NES involves provision of up
to 12 months leave which is unpaid to those employees who are employed in the
organization or business for the preceding 12 months and also are expected to be in
continuation with the current employment both on a systematic and regular basis along
with the right to request 12 months unpaid leave additionally, furthermore, many
entitlements are applicable in association with parental leave which depends upon the
circumstances of employees specifically.