The National Employment Standards (NES) are a set of twelve minimum workplace conditions that apply to all workers in Australia. Your Award, contract or agreement cannot provide for conditions less than those laid out in the NES.
The minimum entitlements outlined in the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Casual employment
- Parental leave
- Annual leave
- Personal/ carer’s leave, compassionate leave and family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Superannuation contributions
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
Myths that can be busted with the NES
Myth: My employer can make me work any number of hours per week if they pay me overtime.
Nope! The NES state that the maximum weekly hours of work is 38 for full-time workers. While your employer must pay you applicable overtime or penalty rates if you do work extra hours, your employer can only ask you to work additional hours if the request is reasonable. When deciding if the request is reasonable, some of the things your employer should consider include:
- Your personal circumstances, including family responsibilities
- Any risk to your health and safety
- The amount of notice being given
- The nature of your role and the level of your responsibilities
- The needs of the enterprise and the patterns of work in the industry
Example: Your ordinary hours of work finish at 3pm. You pick up your kids from school shortly after this. However, at 2:30pm your employer says they need you to stay until 4pm to finish some urgent work. This request is likely to be unreasonable because your employer has not provided enough notice or taken your caring responsibilities into consideration.
Myth: As a volunteer member of the CFA, during an emergency I must still prioritise work over my volunteer role.
If you volunteer with a recognised emergency management body, like the CFA or SES, you’re entitled to unpaid community service leave during an emergency or natural disaster. You need to give your employer notice as soon as possible, sometimes this notice could be after the leave has started. You should also let your employer know how much time you expect to be off work. They can ask you for evidence that you’re entitled to leave, which could be a letter from an emergency services supervisor.
Myth: My employer doesn’t have to make super contributions if they pay me the extra 11.5% in my wages instead.
That’s not how it works. Your employer must put at least 11.5% of your ordinary time earnings (ie: they don’t have to pay super on overtime etc) into your nominated super fund at least every three months. Intentionally not making your super contributions could land your employer in big trouble under new wage theft laws!
Make sure you’re keeping an eye on your super account, not just your pay slips, to ensure that your contributions are being made.
Myth: My employer has no responsibility to provide information about my workplace rights.
As a union member, you don’t need to rely on your employer to find out about your workplace rights. However, when you start a new job, your new employer must give you a copy of the Fair Work Information Statement which provides information about rights laid out in the NES and more.
If you’re employed on a casual basis, your new employer must also give you a copy of the Casual Employment Information Statement, or if you’re employed on a fixed-term contract, they must also give you a copy of the Fixed Term Contract Information Statement. These two pieces provide further information about your rights based on your employment type.
These are just a few examples of the workplace rights laid out in the National Employment Standards. If would like to familiarise yourself with all of them, you can find more info here. If you think your employer has breached any of these rules, question it. Or, of course, you can contact your local UWU Member Rights Team for advice.
IWD survey results
Our International Women’s Day Survey, conducted recently, shows women United Workers Union members juggling huge out-of-hours care burdens, while a third of the women surveyed deal with the fallout from earning half the median female wage or less.
Issues flagged by the 1500 women surveyed were above-average unpaid care burdens, low hours, erratic work patterns and low access to formal paid care options.
And the resounding demands of women include 70 per cent wanting better pay, 54 per cent interested in some form of reproductive leave and 44 per cent wanting more personal leave or carers’ leave.
The industries covered in the survey include logistics, cleaning, manufacturing, food and beverage production, farms, disability support, aged care, early childhood education and care, ambulance, correctional services and security, and allied health and support services in the public health and education systems.
Issues faced by women in the survey:
- Entrenched low pay: 37 per cent reported earning less than $41,700 annually. In the median bracket of the survey women earned between $41,700 and $48,000 – or less than $1000 a week.
- High levels of part-time work and low hours: 50 per cent of women in the survey said they worked part-time, and 29 per cent said they wanted to work more hours.
- Low access to formal paid care for children and the elderly: Only 12 per cent report paying for early childhood education and care or similar services; only 7 per cent report paying for disability support or aged care services.
- Insecure work and erratic shift patterns: One in three workers (34 per cent) report they need to keep their phone nearby in case of last-minute shift changes weekly and even daily.
The workplace issues faced by women in the survey are compounded by high levels of unpaid, out-of-hours caring responsibilities, above reported national averages: 60 per cent of women overall report unpaid care responsibilities, 31 per cent overall report caring for children under the age of 18 and 16 per cent overall report caring for elderly relatives.
Here’s what members had to say:
“I have exhausted all of my sick, long service leave and sometimes leave without pay caring for my Mum. There should be a carers’ leave for people caring for their aging parents. “
– Teacher aide, Queensland
“Pay us decent super, I am 60 years old and have hardly any super, yet I have worked hard all my life. I need to retire now as it is hard getting out of bed and still having to work my behind off at this age is not my idea of fun.”
– Logistics, NT
“My biggest fear is to be homeless, I have been renting for years, it would be helpful if government support aged care carer to buy a house (like the nurses). My income as a carer still doesn’t help to get loan approval to buy a house. As an Australian citizen we would appreciate the government support on buying a house.”
– Aged Care, Western Australia
“Some women have a really bad time with period pain, endometriosis, menopause – all things that men do not experience. Acknowledge this difference and give women maybe another five paid sick days.”
– Allied Industries, NSW
“I think a lot women sacrifice a lot to look after children: they lose superannuation, annual leave, promotions at work and sometimes work hours. These things should be considered.”
– Assistant-In-Nursing, QLD
Federal election in 5 weeks
The date for the federal election has been set. It’s in just five weeks on Saturday May 3.
Our Union gets involved in politics to protect workers’ rights, pay, and benefits. By having a say in politics, we push for laws that help with things like better wages, safer working conditions, and lower living costs. It’s a way to make sure the people in power listen to the needs of workers like us.
The outcome of this election will affect our jobs, workplace rights, and communities. It matters because the government we elect shapes everything, from how much we pay for things to critical decisions about wages and taxes. Now’s the time to think about which party will help with the issues that matter most to you – like the cost of living and job security.
Here’s why this matters:
- The people who get elected directly impact laws around wages, benefits, and workplace safety.
- The outcome of this election influences the strength of our union and the power we have to fight for better conditions for all workers.
- Your vote is your voice – it’s how we show that workers’ rights matter.
Already your union has supported Labor’s cost-of-living relief for families, tax cuts for low-income workers and Labor’s measures to get wages moving again after years of wage stagnation under the Coalition.
Between now and the election, we’ll be sharing more updates on what’s been done, what’s coming next, and what’s at risk. Even if politics isn’t your thing, staying informed over the next few weeks empowers you to make your own decisions on what impacts you, your job and your community.
Together, we can tip the balance of power towards workers.
In the meantime, check your enrollment details are up to date here and if you’re keen to participate in our campaign actions, sign up here and an organiser will reach out to chat about what works for you.
Canberra Airport Guards are fighting back
Canberra Airport is failing to respect the security guards who keep passengers safe. The airport’s conditions are far below the standard at airports like Melbourne,Sydney and Brisbane. However, rather than protecting and improving on their conditions, the private owner decided to hand the contract to notorious abuser of workplace rights, MSS Security.
The Canberra Airport management is also using alarmist security responses to summon Australian Federal Police, not to address passenger safety, but to deal with this industrial issue.
Canberra Airport’s billionaire family ownership needs a wakeup call to ensure they treat delegates and members with the respect their critical responsibilities deserve!
On May 1, unions are uniting to support UWU members at Canberra Airport with a rally to demand Canberra Airport stop trying to use the Australian Federal Police to attack guards and instead respect the guards who keep passengers safe by ensuring their conditions match the standard at regional airports.
If you’re in Canberra why not join the guards in an action on 1 May?! RSVP here to let us know if you can make it.
Genius' slow-motion collapse
Educators at twenty-seven Genius Childcare centres that are now under administration are hoping to return to the safe, stable education and care environments that families, children and parents deserve.
Since contacting Genius about late pay and unpaid superannuation in May 2024, the United Workers Union has been supporting members to fight for the wages and entitlements they’re owed during Genius’ slow-motion collapse.
Workers at some centres have gone up to six weeks without pay and were forced to rely on food parcels and launch a gofundme campaign to pay for food, bills and housing.
The United Workers Union launched court action against Genius in December about late pay and to recover unpaid super of members, with estimates of a total unpaid superannuation bill of $7 million.
UWU National President, Jo Schofield said “It seems ludicrous Genius Early Learning director Darren Misquitta can walk through this mess without taking any responsibility.
“Fast-and-loose corporate cowboy tactics in early education should not be tolerated because of the safety risks it poses to families, children and educators.”
Our union will continue to stand with members who work or worked at Genius centres to get their unpaid wages and super paid in full.
Members at Hall and Prior win
UWU members at Hall and Prior, a large, aged care provider in Western Australia, have finally won an aged care industry labour agreement (ACILA). This has taken two years of work by members putting pressure on their provider to commit to this process.
The agreement will allow Hall and Prior to sponsor care staff for permanent residency.
It took months of constructive discussions between Hall and Prior and the United Workers Union and its members and demonstrates the commitment of both organisations to work together to retain and support Hall and Prior employees.
Once the ACILA is approved by the Government, additional information will be provided to staff by Hall and Prior on the application and selection process outlining the criteria for applying and approving staff requests for sponsorship.
In addition, the United Workers Union will also be holding workplace meetings with union members to discuss further information on the Government sponsorship criteria.
Congratulations to all of the members who attended meetings, spoke out and took action to achieve this excellent result.
Union Pay Check Meetings Uncover Underpayments
Your United Workers Union Aged Care team have recently been conducting pay check meetings to ensure that providers have passed on the most recent work value increase in full.
The meetings identified numerous underpayments, particularly for indirect care workers like cleaners, laundry, hospitality, gardening, and maintenance staff.
If your pay isn’t correct, your union is here to fight for you and make sure you get every cent you’re owed.
We’ve already helped members uncover underpayments and take action against their employers – winning back the pay they rightfully earned.
UWU members working in laundry at Helping Hand expected a certain pay rate based on union information.
When their pay didn’t match, they took action!
Management ignored their concerns, but with union support, they gathered pay slips and evidence to prove they weren’t being paid correctly. More workers got involved, and new members joined, strengthening their collective voice!
A group of members confronted HR, who admitted that kitchen, cleaning, and laundry staff were underpaid and if the members hadn’t spoken up, the company wouldn’t have noticed.
Back pay is coming, and pay rates will be fixed for all affected workers!
Without union protection, you could be left chasing your employer alone – don’t let that happen. If you think your pay is incorrect, contact your local member rights team for advice.