NES — Leave & Notice Entitlements
NES — Leave & Notice Entitlements
The National Employment Standards set the floor for every employee in Australia — no award or contract can undercut them. The leave and notice entitlements a tradie-employer needs to get right.
Paid leave (full-time; pro-rata for part-time)
| Annual leave | 4 weeks (5 weeks for some shiftworkers) |
| Personal / carer's leave | 10 days per year |
| Compassionate leave | 2 days per occasion |
Annual leave loading
- 17.5% loading is NOT an NES entitlement — the NES is 4 weeks at base rate only
- Loading applies only where a modern award, enterprise agreement or contract provides it (many construction awards do)
Parental leave
| Unpaid parental leave | 12 months (+ up to 12 more on request) after 12 months' service |
Notice of termination (by years of service)
| 1 year or less | 1 week |
| More than 1 to 3 years | 2 weeks |
| More than 3 to 5 years | 3 weeks |
| More than 5 years | 4 weeks |
- Add 1 week if the employee is 45 or older with at least 2 years' service
Also under the NES
- 11 minimum entitlements in total — incl. maximum weekly hours, redundancy pay (small business under 15 exempt), public holidays, and the right to request flexible work
- Long service leave is separate and state-based — construction has portable schemes (e.g. VIC LeavePlus, SA's scheme) so years carry between employers
Guidance only — not legal advice. Casuals get a loading instead of paid leave. Current 2025-26. Check fairwork.gov.au.
Sources: Fair Work Ombudsman · National Employment Standards · Fair Work Act 2009
SiteKiln provides general guidance only. This is not legal, tax, financial or professional advice. Always verify information and seek professional advice if unsure. © SiteKiln 2026