HR leaders have been put on notice as Parliament launches a wide‑ranging review of Australia’s National Employment Standards (NES), with experts warning even “technical” tweaks could mean major work for contracts, policies and payroll in 2026
Speaking to HRD, King and Wood Mallesons partner, Cilla Robinson said HR teams should treat this year as a transition period to get ahead of changes that may flow from the inquiry into whether the 16‑year‑old NES remains “fit for purpose” in a rapidly evolving labour market.
The House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training has commenced an inquiry into the operation and adequacy of the NES under the Fair Work Act 2009.
The review was a commitment from the 2022 Jobs and Skills Summit and is intended to test whether the NES still meets contemporary labour market needs and supports the modern bargaining system.
“Sixteen years after the NES commenced, Parliament is seeking evidence on effectiveness, application, and opportunities for technical improvements.” Robinson explained.
The inquiry will examine how the NES is operating, whether the standards are effective, and where technical refinements or clarifications may be needed.
The NES operate as a statutory safety net that cannot be displaced by awards, enterprise agreements or contracts.
They currently cover maximum weekly hours, flexible working requests,...
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