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THE NATIONAL EMPLOYMENT STANDARDS

Award Modernisation Home
See National Employment Standards Summary

  • Awards and Like Instruments
  • Version 16 June 2008

    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
    


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