The 10 National Employment Standards - who is affected?

posted May 18, 2010 9:17 PM by Lisa Russell [ updated May 18, 2010 9:26 PM ]

The NES applies to all employees covered by the national workplace relations system, however only certain entitlements apply to casual employees.

Who is in the national workplace system?

Employees covered by the national workplace relations system include those:

employed by a constitutional corporation (these are corporations that are trading or financial, usually Pty Ltd or Ltd companies)
Employed in Victoria, the Northern Territory or the ACT
employed by the Commonwealth or a Commonwealth authority
a waterside employee, maritime employee or flight crew officer employed in connection with interstate or overseas trade or commerce.

From 1 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania join the above types of employers in the national system, rather than their own specific state system.

I’m not in the national workplace system. How am I affected?

There are two NES entitlements that apply to all full-time and part-time employees, whether they are covered by the national workplace relations system or not.

These are:

parental leave and related entitlements (this also applies to casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment)
notice of termination.

I’m a casual employee. What am I entitled to?

Only certain NES entitlements apply to casual employees.

These are:

two days unpaid carer’s leave and two days unpaid compassionate leave per occasion
maximum weekly hours
community service leave (except paid jury service)
to have a day off on a public holiday, unless reasonably requested to work by the employer
provision of the Fair Work Information Statement.

In addition, casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to:

make requests for flexible working arrangements
parental leave

Source: www.fairwork.gov.au

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