The safety net consists of the 10 National Employment Standards
(NES) and modern awards, and sets the minimum terms and conditions
of employment for all employees in the federal system. Set out
below is a snapshot of particular elements of each NES
entitlement.
COMPLIANCE WITH THE NES
An employer must comply with the NES in relation to each of its
employees.
Any attempt to exclude the NES or provide less favourable
entitlements will not be effective as the NES entitlement will
simply prevail. Such an attempt may also put the employer at risk
of breaching the NES, which may result in court proceedings, the
imposition of a penalty and/or an order to make good any
shortfall.
An employer can agree to supplement the NES by providing more
favourable entitlements. Machinery terms that are ancillary or
incidental to a NES entitlement are also permitted, eg specifying
the manner in which an employee must apply for annual leave. Terms
that are ancillary or incidental
