November 2010

This summary assumes the following:
—	the employment is not for shift-work
—	the employee is an ‘award/agreement free’ employee

Summary of conditions of employment under
National Employment Standards 

CEO
Permanent, Full-time or Part-time

Victoria / Northern Territory / Australian Capital Territory

This document has been prepared solely for the use of not-for-profit corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). Its application in any particular case will depend upon the facts of that case. In every case, due care will need to be taken by a corporation registered under the CATSI Act in assessing the suitability of its application. The Australian Government Solicitor and ORIC cannot take any responsibility for this assessment.
This document may only be reproduced or distributed for use in the drafting of a contract for a not-for-profit corporation registered under the CATSI Act. All other rights are reserved.

We have prepared this document to help you understand your conditions of employment. The document summarises important conditions of your employment that are covered by the National Employment Standards (NES) in the Fair Work Act 2009.
While our summary of the NES is designed to be a helpful guide, you should not rely on it, as it is not legal advice.
To learn more about your conditions of employment under the NES, you can go to the Fair Work Online website at http://www.fairwork.gov.au/Pay-leave-and-conditions/Conditions-of-employment/Pages/National-Employment-Standards.aspx?role=employees.

Your right to request flexible working arrangements

If you have been employed with us for 12 months, and you are a parent, or you are responsible for caring for a child under school age or a child under 18 who has a disability, you have a right to ask us to change your working arrangements. 

[See NES Fair Work Act section 65]
Parental leave
If you have been employed with us for 12 months, you are entitled to 12 months of unpaid parental leave to care for your own newborn child or your spouse’s newborn child or your de facto partner’s newborn child, or for a newly-adopted child who is under the age of 16 years.
[See NES Fair Work Act sections 67–70]
Annual leave
You are entitled to four weeks of paid annual leave for each year of service with us.  
Your annual leave accrues through the year, and your annual leave credits can be carried over from year to year.
[See NES Fair Work Act sections 87(1) and (2)]
You may take annual leave for a period agreed between you and us.  

If you ask us for annual leave for a period, and you have sufficient annual leave credits, we will not unreasonably refuse your request.
[See NES Fair Work Act sections 88 (1) and (2)]
Personal/carer’s leave and compassionate leave
You are entitled to 10 days of paid personal/carer’s leave for each year of service with us.

Your paid personal/carer’s leave accrues through the year, and your paid personal carer’s leave credits can be carried over from year to year.
[See NES Fair Work Act sections 96–101] 
You are also entitled to an amount of unpaid personal/carer’s leave.
You are entitled to two days of paid compassionate leave for each time that a member of your immediate family or your household gets a personal illness, or suffers an injury, that poses a serious threat to their life, or dies.
If you take personal/carer’s leave or compassionate leave, you must tell us that you are taking the leave as soon as you can, and you must give us reasonable evidence to show that you are taking the leave for the reason you are claiming it.
[See NES Fair Work Act sections 102–7]
Community service leave
You are entitled to take community service leave. This covers jury service, and reasonable time to do voluntary emergency management activities.
If you take community service leave, you must tell us that you are taking the leave as soon as you can, and you must give us reasonable evidence that you are taking the leave for the reason you claiming.
[See NES Fair Work Act sections 108–10]
Public holidays
You are entitled to stay away from work on a day or part-day that is a public holiday in the place where your work is based, and to be paid for that day or that part-day, 
If you are employed part-time, you are only entitled to be paid if your pattern of work means that you would normally have worked on that day.
But we may ask you to work on a public holiday. You may say no to our request, if our request is unreasonable, or if it is reasonable for you to say no.
[See NES Fair Work Act sections 114–16]
Redundancy pay
If you have been employed with us for at least one year, you will be entitled to be paid redundancy pay if we terminate your employment because we no longer need your job to be done by anyone (except where this is due to the ordinary and customary turnover of labour) or where we become insolvent.
The amount of your redundancy pay will depend on how long you have been employed by us. Your redundancy pay will be a minimum of four weeks’ pay and a maximum of 16 weeks’ pay. The amount will be calculated using the table in section 119 of the Fair Work Act.
[Note: This will not apply if the employer is a small business employer within the meaning of the Fair Work Act: see section 121(1)(b) and section 23 of the Fair Work Act] 
Fair Work Information Statement
We will provide you with a copy of the Fair Work Information Statement, prepared by the Fair Work Ombudsman, when you start employment with us.

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[See NES Fair Work Act section 125]