THE NATIONAL EMPLOYMENT STANDARDS
Award Modernisation Home See National Employment Standards Summary
These will come into effect on 1 January 2010, when Fair Work Australia will become operational.
Short Index Division 1 Preliminary Division 2 Maximum weekly hours Division 3 Requests for flexible working arrangements Division 4 Parental leave and related entitlements Division 5 Annual leave Division 6 Personal/carer's/compassionate leave Division 7 Community service leave Division 8 Long service leave Division 9 Public holidays Division 10 Notice of termination and redundancy pay Division 11 Fair Work Information Statement
The National Employment Standards Division 1-Preliminary 1 Definitions 2 Purpose of Part 3 Relationship between National Employment Standards and modern awards 4 Meaning of base rate of pay 5 Meaning of child 6 Meaning of full rate of pay 7 Meaning of service 8 Restriction on taking or accruing leave or absence while receiving workers compensation 9 Modern awards may provide for school-based apprentices and trainees to be paid loadings in lieu 10 Regulations about what modern awards can do 11 Relationship with other Commonwealth legislation Division 2-Maximum weekly hours 12 Maximum weekly hours Division 3-Requests for flexible working arrangements 13 Requests for flexible working arrangements Division 4-Parental leave and related entitlements Subdivision A-General 14 General rule-employee must have completed at least 12 months of service 15 General rule for adoption-related leave-child must be under school age etc Subdivision B-Parental leave 16 Entitlement to unpaid parental leave 17 The period of leave: other than for members of an employee couple who each intend to take leave 18 The period of leave: members of an employee couple who each intend to take leave 19 Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth 20 Notice and evidence requirements 21 Extending period of unpaid parental leave: extending to use more of available parental leave period 22 Extending period of unpaid parental leave: extending for up to 12m beyond available parental leave 23 Reducing period of unpaid parental leave 24 Employee who ceases to have responsibility for care of child 25 Interaction with paid leave Subdivision C-Other entitlements 26 Unpaid special maternity leave 27 Transfer to a safe job 28 Consultation with employee on unpaid parental leave 29 Return to work guarantee 30 Unpaid pre-adoption leave Division 5-Annual leave 31 Division applies to employees other than casual employees 32 Entitlement to annual leave 33 Taking paid annual leave 34 Employee not taken to be on paid annual leave at certain times 35 Payment for annual leave 36 Modern awards may include certain kinds of provisions Division 6-Personal/carer's leave and compassionate leave Subdivision A-Paid personal/carer's leave 37 Subdivision applies to employees other than casual employees 38 Entitlement to paid personal/carer's leave 39 Taking paid personal/carer's leave 40 Employee taken not to be on paid personal/carer's leave on public holiday 41 Payment for paid personal/carer's leave 42 Modern awards may include provisions dealing with cashing out of paid personal/carer's leave Subdivision B-Unpaid carer's leave 43 Entitlement to unpaid carer's leave 44 Taking unpaid carer's leave Subdivision C-Compassionate leave 45 Entitlement to compassionate leave 46 Taking compassionate leave 47 Payment for compassionate leave (other than for casual employees) Subdivision D-Notice and evidence requirements 48 Notice and evidence requirements Division 7-Community service leave 49 Meaning of eligible community service activity 50 Entitlement to be absent from employment for engaging in eligible community service activity 51 Notice and evidence requirements 52 Payment to employees (other than casuals) on jury service Division 8-Long service leave 53 Entitlement to long service leave Division 9-Public holidays 54 Meaning of public holiday 55 Entitlement to be absent from employment on public holiday 56 Payment for absence on public holiday Division 10-Notice of termination and redundancy pay Subdivision A-Notice of termination or payment in lieu of notice 57 Requirement for notice of termination or payment in lieu 58 Transmission of business and notice of termination or payment in lieu 59 Modern awards may provide for notice of termination by employees Subdivision B-Redundancy pay 60 Redundancy pay 61 Variation of redundancy pay for other employment or incapacity to pay 62 Exclusions from obligation to pay redundancy pay 63 Transmission of business and redundancy pay Subdivision C-Limits on scope of this Division 64 Limits on scope of this Division Division 11-Fair Work Information Statement 65 Fair Work Australia to publish statement 66 Giving new employees the Fair Work Information Statement
Division 1-Preliminary 1 Definitions 2 Purpose of Part 3 Relationship between National Employment Standards and modern awards 4 Meaning of base rate of pay 5 Meaning of child 6 Meaning of full rate of pay 7 Meaning of service 8 Restriction on taking or accruing leave or absence while receiving workers compensation 9 Modern awards may provide for school-based apprentices and trainees to be paid loadings in lieu 10 Regulations about what modern awards can do 11 Relationship with other Commonwealth legislation Division 2-Maximum weekly hours 12 Maximum weekly hours Division 3-Requests for flexible working arrangements 13 Requests for flexible working arrangements Division 4-Parental leave and related entitlements Subdivision A-General 14 General rule-employee must have completed at least 12 months of service 15 General rule for adoption-related leave-child must be under school age etc Subdivision B-Parental leave 16 Entitlement to unpaid parental leave 17 The period of leave: other than for members of an employee couple who each intend to take leave 18 The period of leave: members of an employee couple who each intend to take leave 19 Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth 20 Notice and evidence requirements 21 Extending period of unpaid parental leave: extending to use more of available parental leave period 22 Extending period of unpaid parental leave: extending for up to 12m beyond available parental leave 23 Reducing period of unpaid parental leave 24 Employee who ceases to have responsibility for care of child 25 Interaction with paid leave Subdivision C-Other entitlements 26 Unpaid special maternity leave 27 Transfer to a safe job 28 Consultation with employee on unpaid parental leave 29 Return to work guarantee 30 Unpaid pre-adoption leave Division 5-Annual leave 31 Division applies to employees other than casual employees 32 Entitlement to annual leave 33 Taking paid annual leave 34 Employee not taken to be on paid annual leave at certain times 35 Payment for annual leave 36 Modern awards may include certain kinds of provisions Division 6-Personal/carer's leave and compassionate leave Subdivision A-Paid personal/carer's leave 37 Subdivision applies to employees other than casual employees 38 Entitlement to paid personal/carer's leave 39 Taking paid personal/carer's leave 40 Employee taken not to be on paid personal/carer's leave on public holiday 41 Payment for paid personal/carer's leave 42 Modern awards may include provisions dealing with cashing out of paid personal/carer's leave Subdivision B-Unpaid carer's leave 43 Entitlement to unpaid carer's leave 44 Taking unpaid carer's leave Subdivision C-Compassionate leave 45 Entitlement to compassionate leave 46 Taking compassionate leave 47 Payment for compassionate leave (other than for casual employees) Subdivision D-Notice and evidence requirements 48 Notice and evidence requirements Division 7-Community service leave 49 Meaning of eligible community service activity 50 Entitlement to be absent from employment for engaging in eligible community service activity 51 Notice and evidence requirements 52 Payment to employees (other than casuals) on jury service Division 8-Long service leave 53 Entitlement to long service leave Division 9-Public holidays 54 Meaning of public holiday 55 Entitlement to be absent from employment on public holiday 56 Payment for absence on public holiday Division 10-Notice of termination and redundancy pay Subdivision A-Notice of termination or payment in lieu of notice 57 Requirement for notice of termination or payment in lieu 58 Transmission of business and notice of termination or payment in lieu 59 Modern awards may provide for notice of termination by employees Subdivision B-Redundancy pay 60 Redundancy pay 61 Variation of redundancy pay for other employment or incapacity to pay 62 Exclusions from obligation to pay redundancy pay 63 Transmission of business and redundancy pay Subdivision C-Limits on scope of this Division 64 Limits on scope of this Division Division 11-Fair Work Information Statement 65 Fair Work Australia to publish statement 66 Giving new employees the Fair Work Information Statement