Direct answer
The National Employment Standards set minimum entitlements for employees in the national workplace relations system. Check your employer's system and your employment type before applying a particular entitlement. A contract cannot simply remove an applicable NES minimum, but not every worker receives every benefit.
Video chapters
Question: What do the National Employment Standards mean for my workplace rights?
Coverage comes before calculation
Identify the employer and the applicable workplace system, then the employment type and entitlement. Some workers fall outside the national system, and particular Fair Work rights may still extend to them. Use the relevant state body or qualified advice where coverage is uncertain.
Use the maintained current list
This answer does not repeat the historical video's ten-standards label. Link to the Fair Work Ombudsman's maintained NES list for the current categories and their detailed conditions.
Example: flexible work
The ability to request a flexible arrangement is distinct from automatic approval. Eligibility and employer response rules must be considered together.
Common questions
Can my contract remove an NES minimum?
Not where that minimum applies to your employment. Check coverage and the particular entitlement rather than relying on the contract alone.
Do casuals receive all the same entitlements?
No. Casual employees receive some NES entitlements and may meet conditions for others; assess the particular right.
Full video transcript
The National Employment Standards set minimum workplace entitlements for employees in the national system. Before applying a particular right, check which system covers your employer and whether you are a full time, part time or casual employee.
Most Australian workplaces are in the national system, but exceptions matter. Some public sector and local government workers remain in state systems, and Western Australia also has important private sector exceptions. Do not decide coverage just from your job title or postcode. Some fair work rights can also apply outside the national system.
The current standards address areas such as hours, leave, public holidays, superannuation and ending employment, with conditions and exceptions for particular entitlements. Awards and agreements can add detail. An employment contract cannot simply remove a minimum entitlement that the Standards give you.
Casual employees receive some, but not all, NES entitlements. For example, the current list includes paid family and domestic violence leave, and certain unpaid leave. Other rights depend on additional requirements. Neither casuals get nothing nor everyone gets identical leave is a reliable rule.
Flexible working arrangements are another example. Eligible employees can make a request, but that is not an unconditional right to any arrangement they choose. There are rules about eligibility, the written request, the employer's response, and when refusal is permitted.
Start with the current Fair Work guidance, then check your award or agreement, employment documents, and the entitlement in question. If there is a dispute, keep your records and obtain advice promptly. This overview does not calculate your pay or tell you the deadline for a particular claim.
For help with your circumstances, use the Go to Court Booking link to request a lawyer consultation. Availability depends on your matter and location. This is general information, not personal legal advice.
Official sources
Checked 7 September 2026.
Important
General information only, not personal legal advice. Laws and court arrangements can change. Check the current official sources and obtain advice about your own circumstances. This guide concerns Australian law.