As of early 2026, there are 11 National Employment Standards (NES) in Australia.These are the minimum legal entitlements that must be provided to almost all employees covered by the national workplace relations system.
The number has changed recently due to major legislative updates under the “Closing Loopholes” reforms, which integrated new rights into the NES framework.
Recent and Upcoming Changes
While the core number of standards is often cited as 11, recent updates have significantly expanded or added to these entitlements:
- Right to Disconnect (August 2024): A landmark addition allowing employees to refuse to monitor or respond to contact from their employer outside of working hours, unless that refusal is unreasonable.
- Superannuation in the NES (January 2024): The right to superannuation contributions was formally added to the NES, meaning employees can now take direct legal action through the Fair Work Ombudsman if they aren’t paid.
- Casual Employment (August 2024): New rules introduced a changed definition of “casual employee” and a clearer “employee choice” pathway for converting to permanent employment.
- Paid Family and Domestic Violence Leave: Expanded to 10 days of paid leave for all employees (including casuals) in 2023.
- Paid Parental Leave Expansion (Upcoming): The scheme is set to increase to 26 weeks (up from 24) for parents of children born or adopted on or after 1 July 2026.
The 11 Current Standards
According to the Fair Work Commission, these core entitlements include:
- Hours & Flexibility: 38-hour week (plus reasonable additional hours) and right to request flexible work.
- Leave: Annual leave, personal/carer’s leave, compassionate leave, and 10 days’ paid family/domestic violence leave.
- Job Security & Separation: Casual conversion pathways, long service leave, and redundancy/notice pay.
- Public Holidays & Parental Leave: Mandatory paid time off for holidays and 12 months’ unpaid parental leave.
- New Additions: The “right to disconnect” and formalised superannuation rights.
For detailed, legal definitions of each, you can visit the Fair Work Ombudsman.