Almost all employees in Australia are entitled to a number of minimum rights under the Fair Work Act.

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These minimum rights are National Employment Standards (NES), which set minimum standards for:

  • Maximum weekly hours
  • Requests for flexible working arrangements
  • Parental leave
  • Annual leave
  • Personal carers leave and compassionate leave
  • Community service leave
  • Long service leave
  • Public holidays
  • Notice of termination and redundancy pay

At a minimum, employers must pay and provide all benefits to you under the NES.  Bear in mind that modern awards, if one applies to your role, operate to alter these minimum standards to better suit the particular requirements of your industry. If you believe you may be covered by a modern award, please see our ‘Award Underpayments’ section.

We can assist in all matters involving your entitlements under the NES, or applicable Award, including underpayments, leave entitlements, TOIL, notice and flexible working arrangements, as well as determining whether your contract offends your due entitlements. A claim for underpayment of wages may result in damages and pecuniary penalty.