The Australian Government established the National Employment Standards to achieve a safe, fair and productive workplace. It does this by setting out in law the minimum standards that employers must meet when they employ and engage their employees. These standards have been designed to ensure that workers have a basic safety net in terms of remuneration, as against exploitation as well as working hours and conditions. There are 10 standards that all employers must comply with. This article will provide an overview of these standards making them easier to understand.
What Are The National Employment Standards?
The National Employment Standards are the 10 minimum standards of employment that all employees in Australia must comply with, regardless of their employer. The NES aims to ensure fairness for all employees by setting out clear guidelines for remuneration, working hours, and personal leave entitlements. The standards apply to full-time, part-time, and casual employees as well as those who are under a contract of employment. The NES does not apply to senior management positions or certain types of irregular and intermittent work such as contract cleaning and security services. Also, if an employee is subject to a modern award or an enterprise agreement, this takes priority over the NES.
What Standard Applies To You?
As an employee, you should be aware that you are entitled to receive all of your entitlements as outlined in the NES. The personal entitlement standards that apply to all employees include maximum weekly hours of work (38 hours), requests for flexible working arrangements, parental leave, and related entitlements. NES also includes annual leave, more precisely 4 weeks personal and 10 days depending on the business needs. Employees who are also parents may be eligible for parental leave under the NES. This includes part-time, casual, full time and long-term employees. All employees are entitled to be given personal care leave if they need it. Temporary workers employed by labor hire firms are also covered under the NES. They are entitled to receive the same pay and entitlements as permanent employees.
Casual Workers And Casual Employees Are Different
The term ‘casual employment is defined in the NES as follows: “to work for a specified period, with an end date to that period, which may be daily or hourly”. The major difference between casual employees and part-time/full-time employees is that casuals are not entitled to leave payments. Casuals will however still receive annual leave entitlements depending on the business needs. You should also note that a casual worker is entitled to certain conditions, such as a higher rate of pay if they work public holidays under the NES. Another thing to keep in mind is that under the NES, casuals are entitled to one day in 12 with their full hourly rates of pay for each day worked, while full-time employees are entitled to one day in 6 with their full hourly rates for each day worked.
Why Is This Important?
These Standards are there to ensure that you have a basic safety net in terms of legal remuneration and working hours/conditions the Australian Government thinks the most important for all employees. By understanding your personal entitlements, you can be assured that they will not be taken away from you without fair notice or an agreement from both you and your employer. Understanding the standards also encourages productivity in the workplace by ensuring proper management of employees’ hours and leave entitlements. This way, employees are less likely to feel undervalued, overworked, or unable to manage their time effectively.
What To Do If You Are Not Getting Your Personal Leave Entitlements?
If you feel that your employer is not complying with the National Employment Standards by denying you leave, there are several things that you can do. Firstly, you should discuss the matter with them as soon as possible to clarify what arrangements have been made and whether or not it will be reviewed. This may help to mediate the situation before further action is required. Next, if this doesn’t work out for you, make a complaint directly to Fair Work Australia (FWA) within 6 months of the alleged breach arising. This will be in writing and must include all relevant facts to support any claims. It is important that all facts listed within your complaint letter – such as evidence – are presented for FWA to deal with it appropriately.
A good working relationship is important for both you and your employer, and therefore it is important to ensure that you understand your rights and responsibilities under the National Employment Standards. It can be difficult if you are not familiar with work laws so it is important to seek advice if you are unsure about any of your entitlements. Hopefully, this article has helped you understand these standards better, and you will be able to enjoy working more confidently.
