ACTU: National Employment Standards

From 1 January 2010 a new national workplace relations system will apply to most employees in Australia.
This fact sheet provides details of your rights and entitlements under the new Fair Work Act.

National Employment Standards
As an employee, you are entitled to the following minimum employment terms and conditions:

• For full time employees – a maximum standard working week of 38 hours. Your employer can require you to work reasonable additional hours but you have the right to refuse unreasonable hours. Whether the hours are unreasonable will depend on your position, the arrangement of the hours, health and safety and your family responsibilities. Note that the relevant Modern Award may provide for averaging of hours over more than a week.
• The right to request flexible working arrangements to care for a child under school age, or a child (under 18) with a disability. Your employer must consider the request and can only refuse on reasonable business grounds.
• 12 months unpaid parental (or adoption) leave for each parent after the birth (or adoption) of a child. You also have the right to request a further twelve months unpaid parental leave. Your employer can only refuse on reasonable business grounds.
• Four weeks paid annual leave each year plus an additional week for some shift workers.
• Ten days paid personal or carer’s leave each year that carries over from year to year. You can use this leave when you’re sick or when you need to care for a member of your immediate family or household.
• Two days paid compassionate leave when a member of your immediate family or household dies or is seriously ill. If you require more time off, you can take two additional days of unpaid carer’s leave.
• Community Service Leave for jury service or activities dealing with certain emergencies or natural disasters. With the exception of jury service, this leave is unpaid.
• Long Service Leave. Your existing long service leave is secured by the new federal laws.
• Public holidays and the entitlement to be paid for ordinary hours on those days. Penalty rates for working on public holidays are provided for in Modern Awards and Enterprise Agreements. You have the right to reasonably refuse to work a public holiday.
• Notice of termination and redundancy pay.

The right for new employees to receive the Fair Work Information Statement.
A complete copy of the National Employment Standards (NES) can be viewed at www.fairwork.gov.au. Please note some limitations may apply — for instance, if you are a casual employee your terms and conditions of employment will be slightly different.

For further information contact your union or phone 13004UNION.