The National Employment Standards (NES) is a set of eleven minimum entitlements for employees in Australia who are covered by the Fair Work Act 2009. An award, enterprise agreement, other registered agreement or employment contract cannot provide for conditions that are less than the national minimum wage or the National Employment Standards and they can not be excluded.[1] The NES have applied to employees since 1 January 2010, having replaced the previous five entitlement standard (called the Australian Fair Pay and Conditions Standard) under the WorkChoices legislation.
As most Australian employees are covered by the Fair Work Act, the National Employment Standards are considered a cornerstone of the Australian industrial relations system.[2] Breaching the National Employment Standards can bring about serious legal consequences, and the Federal Circuit Court of Australia has sanctioned employers with significant penalties for non-compliance.[3]
- ^ Fair Work Commission, National Employment Standards <https://www.fairwork.gov.au/employment-conditions/national-employment-standards>.
- ^ "The Importance of Following the National Employment Standards". Dylan & Inns Gold Coast and Brisbane - Conveyancing Lawyers. 26 December 2015.
- ^ Cerin v ACI Operations Pty Ltd [2015] FCCA 2762. Here for breaching the requirement to pay notice of termination, penalties against both an employer and its agent being $20,400 and $1,020 respectively were ordered.
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