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Outline the eleven (11) minimum entitlements of the National Employment Standards in Australia. Who do they apply to?

Question

Outline the eleven (11) minimum entitlements of the National Employment Standards in Australia. Who do they apply to?

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Solution

The National Employment Standards (NES) in Australia provide 11 minimum entitlements for employees. These standards apply to all employees in the national workplace relations system, regardless of the industry, occupation, or work status (i.e., full-time, part-time, or casual). Here are the 11 minimum entitlements:

  1. Maximum Weekly Hours: An employee can't be asked to work more than 38 hours in a week unless the additional hours are reasonable.

  2. Requests for Flexible Working Arrangements: Certain employees have the right to request changes in their working arrangements.

  3. Parental Leave and Related Entitlements: Up to 12 months of unpaid leave is available for new parents, with the right to request an additional 12 months.

  4. Annual Leave: Employees are entitled to four weeks of paid annual leave.

  5. Personal/Carer's Leave and Compassionate Leave: Employees get 10 days each year for personal illness or to care for a sick family member. They also get two days of compassionate leave for each permissible occasion.

  6. Community Service Leave: Employees, including volunteers, have the right to take community service leave for certain activities such as jury duty or emergency management activities.

  7. Long Service Leave: Employees are entitled to long service leave after a long period of working for the same employer, as per relevant state laws.

  8. Public Holidays: Employees are entitled to be paid for public holidays, but may be reasonably asked to work.

  9. Notice of Termination and Redundancy Pay: Employers must provide notice of termination and may have to provide redundancy pay.

  10. Provision of Fair Work Information Statement: Every new employee must be given the Fair Work Information Statement before, or as soon as possible after, they start their job.

  11. Unpaid Pandemic Leave: Employees are entitled to 2 weeks of unpaid pandemic leave if they are prevented from working due to COVID-19.

These standards apply to all employees covered by the national workplace relations system, regardless of the award, agreement, or contract of employment. However, they do not apply to those who are employed by state government and local governments (unless the state has referred its industrial relations powers to the Commonwealth).

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