Each entitlement as a control
Maximum weekly hours, flexible working requests, casual employment, leave, notice, redundancy and the information statements, each with its section.
Frameworks · NES
The National Employment Standards, entitlement by entitlement.
Map your employment contracts, policies, leave records and the Fair Work Information Statement to each National Employment Standard in the Fair Work Act.
The framework
| Name | National Employment Standards (Fair Work Act 2009 (Cth)) |
|---|---|
| Who it applies to | National system employers, for their national system employees. A national system employer is a constitutional corporation, the Commonwealth or a Commonwealth authority (so far as it employs, or usually employs, an individual); a person employing flight crew officers, maritime employees or waterside workers in connection with constitutional trade or commerce; a body corporate incorporated in a Territory; or a person carrying on an activity in a Territory, for employees employed in connection with it. The meaning is extended in a referring State by sections 30D and 30N. Employers outside the national system are bound only by the extended unpaid parental leave, paid family and domestic violence leave and notice of termination provisions in Part 6-3. ss 13, 14(1), 44, 60, 61; Part 6-3 (ss 741, 744–745, 757B–757C, 759–760), Compilation No. 73 (C2026C00355), in force from 7 July 2026; the operative text used here is unchanged since Compilation No. 65 (C2024C00834, from 11 December 2024), read 10 November 2026 |
| Regulator | Fair Work Ombudsman |
| In force on 11 November 2026 | Fair Work Act 2009 Part 2-2, as in force from 11 December 2024 (text current to Compilation No. 73) Chapter 2, Part 2-2 (ss 59–131); ss 13, 14, 23; Part 6-3, Compilation No. 73 (C2026C00355), in force from 7 July 2026; the operative text used here is unchanged since Compilation No. 65 (C2024C00834, from 11 December 2024), read 10 November 2026 |
What a NES programme does
Evidence from HR records
Link contracts, policies and leave records once and use them across programmes. Flag records with personal information so they are withheld from board views.
Ready for questions
Draft a gap assessment or a letter that cites the evidence for each entitlement.
Versions
| Version | From | Until | Source |
|---|---|---|---|
| Fair Work Act 2009 Part 2-2, as in force from 11 December 2024 (text current to Compilation No. 73) | 11 December 2024 | Current | Chapter 2, Part 2-2 (ss 59–131); ss 13, 14, 23; Part 6-3 |
Controls (43)
Fair Work Act 2009 Part 2-2, as in force from 11 December 2024 (text current to Compilation No. 73). Each control cites its source; your programme holds made.'s plain-English summary of each obligation beside it.
Coverage and compliance
| Ref | Control | Citation |
|---|---|---|
| s 44 | Comply with the National Employment Standards | Fair Work Act 2009 (Cth) ss 44, 60, 61 |
| ss 13, 14 | Confirm national system coverage | Fair Work Act 2009 (Cth) ss 13, 14 |
| s 23 | Keep the small business employer count | Fair Work Act 2009 (Cth) s 23 |
Maximum weekly hours (Division 3)
| Ref | Control | Citation |
|---|---|---|
| s 62 | Maximum weekly hours and reasonable additional hours | Fair Work Act 2009 (Cth) s 62 |
| ss 63, 64 | Averaging of hours | Fair Work Act 2009 (Cth) ss 63, 64 |
Requests for flexible working arrangements (Division 4)
| Ref | Control | Citation |
|---|---|---|
| s 65 | Requests for flexible working arrangements | Fair Work Act 2009 (Cth) s 65 |
| s 65A | Respond in writing within 21 days | Fair Work Act 2009 (Cth) s 65A |
| ss 65B, 65C | Resolve flexible work disputes | Fair Work Act 2009 (Cth) ss 65B, 65C |
Casual employment (Division 4A)
| Ref | Control | Citation |
|---|---|---|
| ss 66AAB, 66AAC | Respond to a casual employee's change notification within 21 days | Fair Work Act 2009 (Cth) ss 66AAB, 66AAC |
| ss 66AAD, 66K, 66L | Give effect to the change and don't avoid it | Fair Work Act 2009 (Cth) ss 66AAD, 66K, 66L |
| ss 66M, 66MA | Resolve casual employment disputes | Fair Work Act 2009 (Cth) ss 66M, 66MA |
Parental leave and related entitlements (Division 5)
| Ref | Control | Citation |
|---|---|---|
| ss 67, 70 | Unpaid parental leave | Fair Work Act 2009 (Cth) ss 67, 70, 71 |
| s 72A | Flexible unpaid parental leave | Fair Work Act 2009 (Cth) s 72A |
| s 74 | Parental leave notice and evidence | Fair Work Act 2009 (Cth) s 74 |
| ss 76, 76A | Respond to an extension request within 21 days | Fair Work Act 2009 (Cth) ss 76, 76A |
| ss 81, 81A, 82A | Transfer to a safe job, or no safe job leave | Fair Work Act 2009 (Cth) ss 81, 81A, 82A |
| s 83 | Consult employees on parental leave about significant decisions | Fair Work Act 2009 (Cth) s 83 |
| s 84 | Return to work guarantee | Fair Work Act 2009 (Cth) s 84 |
| s 84A | Tell replacement employees the engagement is temporary | Fair Work Act 2009 (Cth) s 84A |
| ss 80, 85 | Unpaid special parental leave and pre-adoption leave | Fair Work Act 2009 (Cth) ss 80, 85 |
Annual leave (Division 6)
| Ref | Control | Citation |
|---|---|---|
| ss 86, 87 | Annual leave entitlement and accrual | Fair Work Act 2009 (Cth) ss 86, 87 |
| ss 88, 89 | Taking annual leave | Fair Work Act 2009 (Cth) ss 88, 89 |
| s 90 | Paying annual leave, including on termination | Fair Work Act 2009 (Cth) s 90 |
| ss 92–94 | Cash out annual leave only as permitted | Fair Work Act 2009 (Cth) ss 92, 93, 94 |
Personal/carer's, compassionate and family and domestic violence leave (Division 7)
| Ref | Control | Citation |
|---|---|---|
| ss 95–99 | Paid personal/carer's leave | Fair Work Act 2009 (Cth) ss 95, 96, 97, 99 |
| ss 100, 101 | Cash out personal/carer's leave only as permitted | Fair Work Act 2009 (Cth) ss 100, 101 |
| ss 102, 103 | Unpaid carer's leave | Fair Work Act 2009 (Cth) ss 102, 103 |
| ss 104–106 | Compassionate leave | Fair Work Act 2009 (Cth) ss 104, 105, 106 |
| ss 106A–106BA | Paid family and domestic violence leave | Fair Work Act 2009 (Cth) ss 106A, 106B, 106BA |
| s 106C | Keep family and domestic violence leave information confidential | Fair Work Act 2009 (Cth) s 106C |
| s 107 | Notice and evidence for Division 7 leave | Fair Work Act 2009 (Cth) s 107 |
Community service leave (Division 8)
| Ref | Control | Citation |
|---|---|---|
| ss 108–110 | Community service leave | Fair Work Act 2009 (Cth) ss 108, 109, 110 |
| s 111 | Make up pay for jury service | Fair Work Act 2009 (Cth) s 111 |
Long service leave (Division 9)
| Ref | Control | Citation |
|---|---|---|
| s 113 | Long service leave | Fair Work Act 2009 (Cth) s 113 |
Public holidays (Division 10)
| Ref | Control | Citation |
|---|---|---|
| s 114 | Absence and reasonable requests on public holidays | Fair Work Act 2009 (Cth) s 114 |
| s 115 | Know which days are public holidays where employees are based | Fair Work Act 2009 (Cth) s 115 |
| s 116 | Pay for absence on a public holiday | Fair Work Act 2009 (Cth) s 116 |
Superannuation contributions (Division 10A)
| Ref | Control | Citation |
|---|---|---|
| ss 116A, 116B | Make superannuation contributions | Fair Work Act 2009 (Cth) ss 116A, 116B, 116C |
Notice of termination and redundancy pay (Division 11)
| Ref | Control | Citation |
|---|---|---|
| s 117 | Written notice of termination, or payment in lieu | Fair Work Act 2009 (Cth) ss 117, 123 |
| s 119 | Redundancy pay | Fair Work Act 2009 (Cth) ss 119, 120 |
| ss 121, 123 | Exclusions from redundancy pay | Fair Work Act 2009 (Cth) ss 121, 122, 123 |
Information statements (Division 12)
| Ref | Control | Citation |
|---|---|---|
| s 125 | Give new employees the Fair Work Information Statement | Fair Work Act 2009 (Cth) ss 124, 125 |
| s 125B | Give casual employees the Casual Employment Information Statement | Fair Work Act 2009 (Cth) ss 125A, 125B |
Other frameworks
Facts are as shipped in made. Shield, read from each primary source on the date shown. They describe the law; they aren't legal advice, and your organisation decides how they apply to it.