From 1 January 2010, employees covered by federal law will have
minimum entitlements prescribed by the National Employment
Standards (NES). These entitlements cannot be modified or
excluded.
The NES are minimum standards that apply to all Australian
employees covered by Federal law regardless of their industry or
occupation and will operate in addition to award provisions.
The NES can only be modified in certain limited circumstances,
such as through modern awards, which may include supplementary or
incidental provisions to clarify or expand the entitlements under
the NES.
The key changes are:
- Maximum weekly hours of work – the maximum weekly
hours of work will continue as 38 hours per week, plus reasonable
additional hours. Unlike the Australian Fair Pay & Conditions
Standard, the NES do not allow an employer and employee to agree on
an applicable averaging period (although an averaging period may be
specified in an award).
