The Australian Parliament’s Committee on Employment, Workplace Relations, Skills and Training is currently conducting an inquiry into the operation and adequacy of the National Employment Standards (NES). The NES are set out in the Fair Work Act 2009 (Cth) and establish the minimum employment entitlements that apply to all national system employees across Australia. These standards form the foundation of Australia’s workplace relations framework and provide baseline protections for employees regardless of industry or occupation.
The NES currently cover a range of fundamental employment conditions, including maximum weekly working hours, flexible working arrangements, parental leave and related entitlements, annual leave, personal and carers leave, community service leave, long service leave, public holidays, notice of termination, redundancy pay, and the provision of the Fair Work Information Statement. Together, these standards ensure that employees receive consistent minimum protections while allowing employers to negotiate additional terms through enterprise agreements or employment contracts.
As part of the inquiry, the Committee sought submissions from employers, industry groups, unions, legal experts and members of the public to assess whether the NES remain effective in addressing modern workplace challenges. Written submissions were accepted until 27 February 2026, and the Committee is currently reviewing the feedback received. At the time of writing, the Committee has not yet released its findings or recommendations.
The inquiry reflects growing discussion about whether Australia’s minimum employment standards adequately reflect contemporary work practices, particularly as businesses adapt to rapid technological change, automation, digital platforms and evolving workforce expectations. These developments have prompted policymakers to consider whether additional protections or updated entitlements are required to ensure the NES continue to support both employees and employers in a changing labour market.
Several proposals have been raised during the review process. One widely discussed suggestion is to increase the minimum annual leave entitlement from 20 days to 25 days per year for full-time employees. Advocates argue that expanding annual leave would support employee wellbeing, reduce burnout and better align with international labour standards. However, any increase would also have operational and financial implications for employers, particularly small and medium-sized businesses managing workforce availability and staffing costs.
Another proposal under consideration involves strengthening redundancy entitlements under the NES. This may include increasing redundancy payments for long-serving employees and reviewing how redundancy protections apply in situations where job losses occur due to technological change, automation or restructuring. With industries increasingly adopting new technologies and automated systems, policymakers are examining whether existing redundancy provisions adequately protect employees whose roles become obsolete.
While these proposals remain under consideration and are not yet law, the outcome of the inquiry could lead to significant amendments to the Fair Work Act 2009 (Cth) and the NES framework. Any changes to core entitlements such as annual leave or redundancy pay would have wide-ranging implications for employer obligations, workforce planning and employment contracts across Australia.
Employers should therefore continue to monitor developments arising from the inquiry and consider how potential reforms may affect their workforce management strategies, compliance obligations and employment policies.
Our employment law team provides guidance to organisations on compliance with the National Employment Standards, employment contract drafting, and workplace policy development. We also assist employers in preparing for legislative changes and managing workplace risks arising from evolving employment laws. Employers seeking advice on potential NES reforms and practical strategies for compliance are encouraged to contact our team for tailored legal support.