NES Employment Entitlements

Legal Resource

Kerri Fredericks – Principal Lawyer

5 June 2019

Kerri Fredericks – Principal Lawyer

25 September 2018

Kerri Fredericks is a Principal Lawyer in Anderson Fredericks Turner. She regularly assists employees and employers with employment law issues, particularly related to misconduct claims. Kerri is independently recommended by Doyle’s Guide as one of the leading corporate crime lawyers in Australia.

NES – Employee Entitlements

NES Employee Entilements

Under the National Employment Standards (NES) most employees in Australia are entitled to ten basic rights. Employee entitlements can be enforced if they are not provided. However it is also very important to note that an Award, Enterprise Agreement or Individual Employment Contract might also set out specific entitlements equal to or greater than the NES. For this reason it is strongly recommended that specific advice be obtained so as to ensure an accurate understanding as to employee obligations and individual employee rights and entitlements.

Anderson Fredericks Turner can assist employers to calculate employee entitlements and ensure that they are meeting all of their obligations. We work with businesses to ensure their policies and procedures comply with the national employment standards, as well as other relevant employment law obligations.

Our lawyers also assist employees who believe they have not received their full entitlements or who feel that they have been mistreated as a result of exercising their entitlements. We are able to provide confidential advice about employee entitlements, as well as represent individuals in enforcing their rights.

Hours of work

Anderson Fredericks Turner appreciate the need for employers and employees to be able to achieve a work and life balance in unison with meeting the day to day staffing needs of the business. It is vital that both parties understand their rights and obligations when it comes to overtime hours and the maximum working hours of an employee.

The maximum number of hours and employer can expect an employee to work is set out in the National Employment Standards (NES). These standards form part of the Fair Work Act and are a baseline for the rights of employees in Australia. Your working hours may also be subject to conditions set out in an enterprise agreement or your contract of employment, however these conditions cannot fall below the NES.

The NES sets out that the maximum hours of work per week for a full time employee is 38 hours, and for part time employees, the lesser of 38 hours or their ordinary weekly hours.

The NES sets out that employees can be required to work reasonable overtime, however employees are also able to make reasonable refusal of requests for overtime.

Flexibility

The right to request a flexible working arrangement

An employee is entitled to request a flexible working arrangement to allow them to fulfil personal obligations such as obligations to care for children, or provide support and care to the employee’s immediate family or household.

Related: Employment Law: Disciplinary ActionRelated: Employment Law: Disciplinary Action

Annual Leave

A full time employee is entitled to 4 weeks of annual leave for each year of service with their employer. If an employee is deemed to be a shift worker, they will be entitled to 5 weeks of annual leave. An employer must not unreasonably refuse to agree to a request by the employee to take annual leave.

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Parental Leave

An employee who has completed 12 months of continuous service with a company is entitled to 12 months’ unpaid parental leave if the leave is associated with the birth of a child to the employee or the employee’s partner and the employee will have the care of the child.

Employees may also be entitled to birth leave or adoption leave.

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Compassionate Leave

For each year of service that an employee has with their employer, they are entitled to 10 days of personal or carers leave. This leave accumulates from year to year.

In addition to this, an employee is entitled to two days of compassionate leave if a member of the person’s family or household dies, is gravely injured or contracts or develops an illness which is life threatening.

Service to the Community

An employee is entitled to be absent from work for the purpose of engaging in eligible community service when their absence is reasonable in all the circumstances.

Where the community service is jury duty, an employee is entitled to be paid their base rate of pay, less any payments for jury service pay.

Long Service Leave

An employee in Queensland who has completed 10 years’ continual service is entitled to 8.667 weeks of long service leave on full pay.

An employee who completes at least an additional five years of service is entitled to further long service leave calculated proportionately to 8.667 weeks for every ten years.

Public Holidays

An employee is entitled to be absent from work on a day that is a public holiday in the area that they work. An employer may make reasonable requests that an employee work on a public holiday.

Notice & Redundancy

An employee is entitled to written notice of the date that their employment will be terminated. If an employee has been with the enterprise for less than one year, the employee will be entitled to one weeks’ notice of termination. This notice period increases with the length of service of an employee and may also be effected by an employee’s age.

An employee is also entitled to redundancy pay, is their employment is terminated because their employer no longer requires a person to fulfill their role. An employee’s redundancy pay will be calculated based on the length of their employment, beginning at four weeks’ pay for at least one years’ service up to 12 weeks’ pay for over 10 years’ service.

Information Sheet

A new employee must be provided with the Fair Work Information statement before an employee starts work, or as soon as practicable after an employee starts work.

This information sheet provides employees with vital information about the National Employment Standards, modern awards, the role of Fair Work and other rights and entitlements of employees.

Why Choose AFT?

We understand employment is an important part of life. We seek to resolve matters efficiently and discreetly. Employment law issues can affect reputations and disrupt lives, so we take care to ensure our advice and representation is both practical and precise.

Anderson Fredericks Turner works with businesses and individuals to help them understand their rights and obligations in the workplace. We give advice as to managing policies and procedures, as well as assisting in disputes if they do occur.

Our expertise is demonstrated by the efficient and effective results we achieve for our clients. We have an outcomes driven approach to workplace issues and ensure the needs of our clients are a priority at every stage.

Important Information

The information contained on this page is general in nature and specific advice ought to be obtained from a lawyer before acting on any general information with respect to any legal matter.

Anderson Fredericks Turner has lawyers across Queensland who can provide specific advice with respect to issues involving employment law, including for issues relating to written warnings. Our lawyers operate from local offices in Brisbane, Beenleigh, Maroochydore, Southport, Townsville, although we have the capacity to advise and represent people nationally.

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About Kerri Fredericks

Kerri is a Principal Lawyer in Anderson Fredericks Turner. She regularly assists employees and employers with employment law issues, particularly related to misconduct claims. .

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