Government to review National Employment Standards

The National Employment Standards (NES) are about to come under the microscope, with a new federal inquiry set to examine whether Australia’s core minimum workplace entitlements are still fit for purpose in a changing labour market.

For HR leaders and employers, this review is both a potential risk and an opportunity: risk, because any changes could require significant updates to policies, contracts and practices; opportunity, because it gives organisations a voice in shaping the next phase of Australia’s workplace relations framework.

The House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training has launched an inquiry into the operation and adequacy of the NES under the Fair Work Act.

This inquiry stems from a commitment made at the 2022 Jobs and Skills Summit and will examine whether the NES still meet the needs of workers, employers, and the economy.

The Committee is seeking written submissions to help guide its findings and recommendations. These submissions will be a key influence on how the NES are reformed.

Chair of the committee, Carina Garland, said the need for a “coordinated review” is crucial for determining whether the standards “remain fit for purpose”.

“The inquiry will not focus on flexible working arrangements, casual employment, parental leave, or family and domestic violence leave, as these matters have either been recently reviewed or are scheduled for separate reviews,” read the Parliament of Australia’s statement.

Why the NES review matters for HR

The NES form the non‑negotiable foundation of Australia’s workplace relations system. Together with modern awards, they set out the guaranteed minimum terms and conditions for all national system employees. They underpin:

• Minimum leave entitlements
• Hours of work and related protections
• Requests for flexible work
• Other baseline conditions which cannot be contracted out of or undercut

Garland noted that the NES are a “critical part of the workplace relations framework”, providing a “guaranteed minimum safety net of terms and conditions that cannot be undercut”.

Issues like a tight labour market, skills shortages, demographic shifts, and evolving work patterns have prompted the government to engage in reforms.

For HR, any recalibration of that safety net could affect everything from enterprise bargaining strategy and workforce planning through to rostering, pay structures, and leave management.

The Committee is inviting written submissions from a wide range of stakeholders with an interest in employment entitlements, including:

• Employers and employer associations
• Unions and employee representatives
• Academics and policy experts
• Workers covered by the NES

The Committee is particularly keen to hear from groups that may experience the NES differently or face barriers in accessing their entitlements, including:

• Women
• Workers over 55
• Young workers
• First Nations workers
• People with disability

The Committee has set a deadline of 27 February 2026 for written submissions.