The Fair Work Act 2009 sets out 10 National Employment Standards (often referred to as NES) that apply to all permanent employees in Australia.
These are as follows:
• 38 working hours per week (plus such additional hours that are reasonable for both the individual and business);
• 20 days annual leave per year (pro-rated for part-time employees);
• 10 days personal leave (comprising sick leave and carers leave) per year (pro-rated for part-time employees);
• 52 weeks paid parental leave;
• long service leave;
• community service leave (to be used for attending jury service or for community activities such as firefighting);
• minimum notice periods on termination calculated by reference to the service;
• public holidays;
• the right to request flexible working arrangements; and
• the right to be provided with a Fair Work Information Statement.
The National Employment Standards are incorporated into all employment relationships within Australia. They are reflected in Modern Awards, Contracts of Employment and Enterprise Agreements.
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