Negotiating the changing landscape of workplace relations can be tricky at the best of times. An employment contract is a great start, but it cannot provide for less than the legal minimum set out in:

  • The National Employment Standards (NES) 
  • Awards, enterprise agreements or other registered agreements that may apply.

 

What is the NES?

The National Employment Standards (NES) are minimum employment entitlements that must be provided to all employees. The minimum entitlements of the NES are:

  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Casual employment 
  • Parental leave and related entitlements
  • Annual leave
  • Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay
  • Fair Work Information Statement (the FWIS) and Casual Employment Information Statement (the CEIS)

All employees are covered by the NES, regardless of whether they’ve signed a contract.

 

Does an award apply to your business?

Awards form part of the minimum safety net for award-covered, national system employees in Australia. Therefore, even where an employee is on a written contract of employment, the modern award will underpin that contract. If an award covers your business and employees, it will apply, even if you are not aware of it.

For example, if you have an employee on a contract of employment that provides for below-award entitlements, the employee will still be entitled to the minimum award conditions, regardless of the contract terms.

A contract cannot remove an employee’s minimum safety-net entitlements. However, it can always provide for greater entitlements as the employee will be better off. It is also important to note that an award will not reduce an employee’s contractual entitlements.