Inquiry into effectiveness of National Employment Standards launches

Last week (28 November), an inquiry into the efficacy of the National Employment Standards (NES) was unveiled.

The House of Representatives standing committee on employment, workplace relations, skills and training launched an inquiry late last week, which will evaluate the adequacy and operation of the NES, sixteen years on.

The NES governs minimum terms and conditions for all national system employees, as well as modern awards. “This safety net of terms and conditions underpins the bargaining system and serves an incredibly important role in the workplace relations system,” the committee said.

The inquiry was initiated by a commitment made at the 2022 Jobs and Skills Summit. It will “consider whether the NES continues to meet the needs of workers, employers, and the broader economy”, the committee said in a statement.

Committee chair Dr Carina Garland MP (pictured) said the NES is a “critical part of the workplace relations framework”, and thus needs a “coordinated review” into its relevance in today’s labour market.

The committee seeks input from the Australian public and workforce to determine if the current standards meet the needs of workers, organisations, and the economy.

Written submissions have been welcomed by the committee. It invites parties with employment entitlements concerns to make submissions, including unions, employer groups, and academics, along with workers covered by the NES, particularly women, workers over 55, young workers, First Nation workers, and workers with a disability.

These submissions allow parties to comment on the effectiveness of the standards and propose technical improvements, which would help to guide the inquiry’s findings, the committee said.

In its statement, it noted that “flexible working arrangements, casual employment, parental leave, or family and domestic violence leave” will not be focused on in the inquiry as they constitute separate reviews.

Written submissions are due to the committee by 27 February 2026.