Australian HR Law: NES, Discrimination, and Industrial Action Exam

This document presents a solution to an HR Law exam question focusing on the National Employment Standards (NES) in Australia. It outlines the purpose of the NES, which is to establish minimum employment standards for national system employees as defined in the Fair Work Act 2009. The solution details each of the 11 minimum entitlements under the NES, including maximum weekly working hours, flexible working arrangements, parental leave, annual leave, personal/carer's leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, provision of the Fair Work Information Statement, and casual conversion. The solution emphasizes that the Australian employment system, particularly through the NES, aims to mitigate labor-related issues and protect workers' rights by setting clear and favorable standards.

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.

4. Annual leave: This standard include provision of up to four weeks leave which is paid on
an annual basis to the permanent employees of the organization. The four weeks get
extended and an additional week may be provided to certain shift workers.
5. Personal or carer leave, unpaid family and domestic violence leave & compassionate
leave: This standard provide around 10 days paid leave for the personal and carer purpose
to permanent employees of the organization and 2 days unpaid leave for the purpose of
caring to the casual workers on an annual basis. In addition to this, standard provides for
2 days compassionate leave which is paid in nature (per occasion) and this is unpaid for
the casual workers. Furthermore, entitlement within this standard includes 5 days family
and domestic violence leave which is unpaid in nature meant for both casual and
permanent employees on an annual basis.
6. Community service leave: This is a standard which states that the employers need to
provide paid leaves for up to 10 days for jury duty to all the permanent employees of the
company. But this is subject to the condition that the permanent employees need to
provide evidence for the same. These standards come into force when the employers
provide unpaid leaves for the voluntary emergency activities of the employees which
largely demotivate by this. So, in order to keep balance between the work and home this
standard come into force.
7. Long Service leave: This is a leave which need to be provided by the employers to its
employees based on the length of their continuous service within the business. It is
usually derived from the registered agreements or may be from state or territory
legislation.
8. Public Holidays: This is also one of the employment standards which state that employer
need to provide paid holidays on the public holidays to their employees. In case if the
employers wants that day as working day then they have to reasonably request them and
also have to pay higher pay rate to the employees. The high pay have to provide to
employees that are working on public holidays.
9. Notice of termination and redundancy pay: This standard states that the employers or
business have to pay salary and wages to their employees related to written notice of
termination. For notice period of up-to 5 weeks, the employers need to pay payment in
lieu of circumstances while up to 16 weeks the payment depends upon the severance pay

and redundancy pay. This whole payment also based on the total length of the continuous
service of the employees within the business.
10. Provision of Fair work Information Statement: This is a statement which need to be
provided by employers to its all new employees. This basically contains the information
about the NES, modern award, agreement-making, the right of freedom association,
termination of employment, individual flexibility arrangements etc. Not only that, these
standards states that the statement will also contain the information about the union right
of entry, transfer of business and the respective roles of the fair work commission and fair
work ombudsman. If the employers fails to provide such information in the statement
then the act will impose penalty on them.
11. Casual conversation and casual employment information statement: This is also a
standard of National employment standards which state that the employers have to give a
Casual Employment Information Statement (CEIS) to its all new casual employees. This
must be provided as soon as possible or just after when the employees start their new job.
The information contains in this statement includes definition about the casual statement,
information on applicable entitlements. This also includes the conditions and
circumstances attached with the statement in which all the casual employees will transfer
into the permanent employees of the company.
After, discussing the meaning and purpose of NES along with the 11 entitlements made under
the standard, it has been identified that the employment system prevailing in Australia helps in
reducing many labour related issues such as destruction of human dignity, destruction of social
cohesion and entrenching injustice. Also, it has been determined that the laws meant for the
system of employment is highly in favour of the workers in terms of the entitlements made under
the laws and set out standards.