The NES covers all employees full time, part-time, permanent and casuals for certain entitlements in the national workplace relations system private sector employees regardless of the modern award, registered agreement or employment contract that applies.
The national workplace relations system includes a collection of legislation that applies to most employees and employers in Australia, including most private sector employees in Queensland. If a casual employee has been employed regularly and systematically for at least 12 months they have extra entitlements including:.
In Queensland, the qualifying period for long service leave entitlements for casual or regular part-time employees is the same as that for full-time employees after 10 years of continuous service.
It is illegal for employers to misrepresent the basis upon which its employees are employed in order to subvert their NES requirements. Back to Employment Law.
The ten minimum entitlements which make up the NES Maximum weekly hours of work — The maximum is 38 hours per week, plus reasonable additional hours.
Flexible working arrangements — This provides a right for certain employees to request flexible working arrangements. Parental leave and related entitlements — Eligible workers are entitled to up to 12 months unpaid leave and with a right to request a further 12 months , plus certain other forms of maternity, paternity or adoption-related leave.
Parents impacted by stillbirth or infant death are also entitled to access 12 months of unpaid parental leave and parents are entitled to access flexible unpaid parental leave options.
Agreements can allow employees to cash out annual leave by agreement, so long as the employee's remaining accrued annual leave entitlement is 4 weeks. Agreement-free employees can cash out annual leave by agreement on the same conditions. An employee is also entitled to an additional 2 days unpaid carer's leave per occasion and 2 days paid compassionate leave per occasion.
Agreements can allow employees to cash out personal leave by agreement, so long as the employee's remaining personal leave entitlement is 15 days. This applies for jury service and voluntary emergency management activities, such as CFA.
Leave is unpaid, except for the first 10 days of jury service where the employee is not casual. An employee may refuse a request to work on a public holiday if the request to work is unreasonable, or the reusal to work is reasonable. An employer must give a minimum notice period for termination of employment and redundancy. The period is dependent on the years of service.
Where an employee's employment is terminated for redundancy reasons, the employee is entitled to redundancy pay. National employment standards.
Print this page. Table of contents On this page Introduction The 11 national employment standards. The 11 national employment standards The 11 NES relate to the following matters: 1.
Maximum of 38 weekly hours of work — plus reasonable additional hours. Annual leave 4 weeks' paid leave per year plus an additional week for certain shift workers.
Notice of termination and redundancy pay up to 4 weeks' notice of termination plus an extra week for employees over 45 years of age who have been in the job for at least 2 years up to 16 weeks' severance pay on redundancy, both based on length of service.
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