Current at: 03 September 2008
National Employment Standards
The Australian Government has released finalised national employment standards (NES). The NES are ten minimum employment conditions that will apply to all employees. They will replace the current five minimum standards. At 50 pages, the NES appear less complex than the 149 pages of WorkChoices standards they replace.
The NES ‘Ten Commandments’ for business are:
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Hours
– maximum of 38 hours per week plus reasonable additional hours.
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Family friendly arrangements
– ability for employees to request flexible working arrangements, which an employer can refuse on reasonable business grounds.
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Parental leave
– Both parents entitled to separate periods of 12 months unpaid leave after 12 months service. Mothers can request an extra 12 months unpaid leave, which employers can reject.
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Annual leave
– four weeks annual leave with the potential for awards to allow annual leave to be cashed out through awards if no duress used.
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Personal leave
– two weeks personal/carers leave and compassionate leave.
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Community service leave
– community service leave including up to 10 days paid jury service leave.
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Long service leave
– long service leave in accordance with state legislation (which is highly variable).
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Holidays
– public holidays in accordance with currently recognised holidays.
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Termination and redundancy
– notice of termination and redundancy pay in accordance with current standards.
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Information
– an obligation on employers to provide a Fair Work Information Statement (covering employee rights).
The government plans to implement the NES and other substantive changes later this year. The Business Advisory Group (of which HIA is a member) will be the primary vehicle used by the government for consultation on this issue.
For more information contact your local HIA Workplace Adviser on 1300 650 620.