What are the National Employment Standards and what does it mean for your business

There are many things that you need to consider when hiring employees. You need to do much more than just agree on a salary and starting date need to do is agree on a salary the employee can start.

The first plan an employer should turn is to make sure that you have advised the new employee that they are entitled to the following under the National Employment Standards (NES):

  1. Maximum weekly hours – 38 hours per week, plus reasonable additional hours
  2. A right to request flexible work arrangements
  3. Parental leave – up to 12 months unpaid leave per employee, as well as the right to request an additional 12 months leave
  4. Annual leave – four weeks paid leave per year, plus an additional week for some shift workers
  5. Personal/carer’s leave and compassionate leave – 10 days paid personal/carer’s leave per year, two days unpaid carer’s leave and two days compassionate leave (unpaid for casuals) as required
  6. Community service leave – unpaid leave for voluntary emergency management activities and leave for jury service
  7. Long service leave – paid leave for long standing employees in accordance with the relevant Long Service legislation
  8. Public holidays – a paid day off on a public holiday, unless reasonably requested to work
  9. Notice of termination and redundancy pay – up to five weeks notice of termination and up to 16 weeks redundancy pay
  10. The right for a new employee to receive a Fair Work Information Statement

The Fair Work Information Statement is a fact sheet that sets out an employee’s rights and entitlements at work, including the national employment standards (NES), modern awards, agreement making, freedom of association and workplace rights, termination of employment, right of entry and the role of Fair Work Australia (FWA). Its purpose is to give employees advice about where to go for information and help, as well as providing contact details for FWA. Employers have to give new employees a Fair Work Information Statement as soon as practicable after they start work

The ramifications for employers who do not adhere to the National Employment Standards and relevant Awards and Legislation can be significant and include fines and back pay. Getting things right at the beginning is invaluable. At OFRM we can assist you checking that you have all the boxes ticked. Call Riley Driscoll on 03 5445 1000.

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