The National Employment Standards (NES) are the 11 minimum employment entitlements that apply to all employees in Australia’s national workplace relations system, under the Fair Work Act 2009. The NES sets the floor — no modern award, enterprise agreement, or contract of employment can provide for less than the NES. The 11 standards cover maximum weekly hours, flexible working, parental leave, annual leave, personal/carer’s leave, compassionate leave, family and domestic violence leave, community service leave, long service leave, the national minimum wage, and casual conversion. Breach of the NES can attract penalties of up to $93,900 per contravention for individuals and $469,500 for corporations.

This guide covers each of the 11 NES entitlements, how they interact with awards and agreements, and the practical obligations for employers.

Key takeaways

  • The NES provides 11 minimum entitlements that apply to every employee in the national system — Part 2-2 of the Fair Work Act 2009.
  • The NES is the absolute minimum — awards, agreements, and contracts cannot provide less.
  • The maximum weekly hours are 38 hours, plus reasonable additional hours.
  • Annual leave is 4 weeks per year (5 weeks for shift workers).
  • Personal/carer’s leave is 10 days per year, accruing from the first year of employment.
  • Family and domestic violence leave is 10 days per year, available from the first day of employment.
  • Casual conversion requires employers to offer or consider conversion after 12 months of regular casual employment.

The 11 NES entitlements

1. Maximum weekly hours

Under s.62 Fair Work Act, the maximum weekly hours for a full-time employee are 38 hours. The employer can request reasonable additional hours, but the employee can refuse if the additional hours are not reasonable.

What is reasonable depends on the factors in s.62(2) — including the employee’s role, level of responsibility, notice given, and the employee’s personal circumstances.

2. Requests for flexible working arrangements

Under s.65, employees who have completed 12 months’ continuous service can request flexible working arrangements — including changes to hours, patterns, or location. The employer can only refuse on reasonable business grounds and must respond in writing within 21 days.

3. Offers and requests to convert from casual to permanent

Under s.66A, after 12 months of regular casual employment, the employer must offer the employee conversion to permanent employment (full-time or part-time) unless there are reasonable grounds not to. If the employer does not make an offer, the employee can request conversion.

4. Parental leave

Under s.67, an employee is entitled to:

  • 12 months of unpaid parental leave
  • A second 12 months (on request)
  • 2 weeks of paid parental leave (government-funded, the Paid Parental Leave scheme — but this is subject to eligibility)

The leave can be taken by either parent and can be shared. The employee can also request to return to work on a part-time basis for a period after the leave.

5. Annual leave

Under s.86, a full-time employee is entitled to 4 weeks of paid annual leave per year. Shift workers (who work on a rotating roster that includes weekends) are entitled to 5 weeks.

Leave accrues progressively and can be carried over where the employer and employee agree, or where the employer refused a request to take leave.

6. Personal/carer’s leave

Under s.96, a full-time employee is entitled to 10 days of paid personal/carer’s leave per year, accruing from the first day of employment. Part-time employees accrue on a pro rata basis.

The leave can be taken for the employee’s own illness or injury, or to care for an immediate family member or household member. The employer can require evidence (a medical certificate or statutory declaration).

7. Compassionate leave

Under s.104, an employee is entitled to 2 days of paid compassionate leave per occasion when an immediate family member or household member suffers a life-threatening illness or injury, or dies.

8. Family and domestic violence leave

Under s.106A, an employee is entitled to 10 days of paid family and domestic violence leave per year, available from the first day of employment. The leave is for employees who need to deal with the impact of family and domestic violence and it is not safe to attend work.

The employer must keep information about the leave confidential and cannot disclose it except as required by law.

9. Community service leave

Under s.108, an employee is entitled to unpaid leave for community service activities — including jury duty and emergency management activities. The employer must not prejudice the employee’s employment because of the leave.

10. Long service leave

Long service leave is governed by state and territory legislation, not the NES. However, the NES preserves accrued long service leave entitlements. The state-based entitlements vary:

State/Territory Long service leave after
New South Wales 10 years (2 months)
Victoria 10 years (2 months)
Queensland 10 years (2 months)
South Australia 10 years (2 months)
Western Australia 7 years (pro rata from 7 years)
Tasmania 10 years (2 months)
ACT 10 years (2 months)
Northern Territory 10 years (2 months)

11. National minimum wage

The national minimum wage is set by the Fair Work Commission’s Annual Wage Review. From 1 July 2025, the national minimum wage is $24.10 per hour (or $915.90 per week for a 38-hour week). The rate is reviewed annually and adjusted.

Interaction with awards and agreements

The NES is the floor. Modern awards and enterprise agreements can provide more than the NES but cannot provide less. Where a modern award or enterprise agreement is silent on an NES entitlement, the NES applies automatically.

Common pitfalls

1. Not providing personal/carer’s leave from day one

Personal/carer’s leave accrues from the first day of employment. An employer who says new employees have no personal leave entitlement is in breach of the NES.

2. Requiring a medical certificate for all personal leave

The NES does not require a medical certificate for every absence. An employee can provide a statutory declaration. The employer can require evidence but cannot require a medical certificate where a statutory declaration is reasonable.

3. Ignoring casual conversion obligations

After 12 months of regular casual employment, the employer must either offer conversion or have reasonable grounds not to. Ignoring this obligation is a breach of the NES.

4. Not keeping family and domestic violence leave confidential

The employer must keep information about family and domestic violence leave confidential. Disclosing it to colleagues or including it in general HR records is a breach.

Putting it into practice

Five steps to manage NES compliance:

  1. Map each NES entitlement to your HR processes — ensure every entitlement is tracked and delivered.
  2. Track personal/carer’s leave accrual — 10 days per year for full-time, pro rata for part-time, accruing from day one.
  3. Monitor casual employment duration — trigger the conversion process at 12 months.
  4. Manage annual leave balances — track accrual, usage, and carry-over.
  5. Keep family and domestic violence leave confidential — store it separately from other leave records and limit access.
You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks all 11 NES entitlements, manages casual conversion timelines, and keeps sensitive leave records confidential makes NES compliance straightforward.

Sources

This article is general information, not legal advice. The NES interacts with state long service leave laws and specific award provisions — consult the Fair Work Ombudsman or an employment lawyer for specific situations.