The NES applies to all employees covered by the national workplace relations system regardless of the award, agreement or contract of employment that applies to an employee.

 

 

Awards, agreements and award and agreement based transitional instruments may supplement the NES by providing entitlements that do not disadvantage employees in comparison with the NES.

 

A certain amount of flexibility is also allowed in the operation of the NES. For example, awards and agreements may specify terms that are flexible in relation to:

 

Important! terms in awards, agreements, transitional awards and agreements and employment contracts cannot exclude, or provide for an entitlement less than the NES.

 

 

Employers and employees who are not covered by an award agreement, or a transitional award or agreement (award/agreement free employees) may also make agreements that vary the operation of the NES in certain ways.

They may make agreements about the following:

In all other cases, employment contracts can only provide entitlements that are similar to, or more favourable to the employee.

 

 

An employer and an employee cannot make an agreement with entitlements that are less than the NES.

Employers who contravene provisions of the NES may face penalties of up to $6,600 for an individual and $33,000 for a corporation.