June 2008

10 National Employment Standards - Spot the Difference!

On June 16 2008, Prime Minister, Kevin Rudd and Minister for Workplace Relations, Julia Gillard, released the 10 new National Employment Standards (NES), as a part of its new industrial relations system. The NES are a key element of the Rudd Government's new modern industrial relations system and will commence, from 1 January 2010.

The federal government's 10 new NES are:

Maximum weekly hours of work - 38 hours per week (or reasonable additional hours at the employers request). Request for flexible working arrangements - If an employee is a parent, or has a responsibility for the care of a child under school age, they may request from their employer, a change in working arrangements for the purpose of assisting them to care for the child. Parental leave and related entitlements - Under the Workplace Relations Act 1996 (the Act), there was an entitlement to 12 months unpaid parental leave. Under the new standards, this period may be extended, given at least four weeks written notice and on the approval of the employer. The employer must agree to the requested extension, unless they has reasonable business grounds for refusing. Couples who work together can also be entitled to take 12 months of parental leave sequentially to care for a child. Annual leave - Four weeks annual leave. Personal/Carers leave and compassionate leave - This includes 10 days Personal/Carers leave per year. 2 days of compassionate leave can be taken per occasion (a permissible occasion) when a member of the employee's immediate family or household: contracts or develops an illness that poses a serious threat to his or her life; sustains an injury posing a serious threat to his or her life; or dies. Community service leave - This may include: jury duty; carrying out a voluntary emergency management activity; or an activity prescribed in regulations, that is of a community service nature as an eligible community service activity. Long service leave Public holidays - There will be 8 guaranteed Commonwealth public holidays, in addition to any other public holiday declared by a State or Territory. Notice of termination and redundancy pay - An employer must not terminate an employee's employment unless they have given the employee written notice of the day of the termination (which cannot be before the day the notice is given). Additionally, an employee is entitled to redundancy pay if their employment is terminated: at the employer's initiative, because they no longer require the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour or because of bankruptcy or insolvency of the employer. Fair Work Information Statement - Fair Work Australia must publish the Fair Work Information Statement in the Gazette. This must contain information on: the NES; modern awards; agreement making under the Act; the right to freedom of association; and the role of Fair Work Australia. An employer must give each employee the Fair Work Information Statement before or as soon as practicable after the employee commences employment.

These standards are almost identical to the set of minimum standards that they replaced.

This article is intended to be general information only. It is not presented as legal advice. Since each legal circumstance is different, no action should be taken unless specific prior advice is sought on that action.

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