The House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training has launched an inquiry into the operation and adequacy of the National Employment Standards (NES) under the Fair Work Act, and is seeking written submissions to guide the inquiry's findings.
The inquiry – a commitment arising from the 2022 Jobs and Skills Summit – will consider whether the NES continue to meet the needs of workers, employers, and the broader economy.
The NES set out guaranteed minimum terms and conditions for all national system employees, along with modern awards. This safety net of terms and conditions underpins the bargaining system and serves an incredibly important role in the workplace relations system.
Chair of the Committee, Dr Carina Garland MP, said 'the National Employment Standards are a critical part of the workplace relations framework, setting out a guaranteed minimum safety of terms and conditions that cannot be undercut. Sixteen years on, it's time for a coordinated review to find out whether the Standards remain fit for purpose in a changing labour market.'
'We are seeking to engage with the public and the Australian workforce to evaluate if the Standards continue to meet the needs of employees, employers and the economy,' Dr Garland explained.
'The Committee also wants to receive submissions on the effectiveness and application of the NES, including any opportunities for technical improvements.'
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.
The Committee invites written submissions in response to the terms of reference by Friday, 27 February 2026. Submissions are welcome from anyone with concerns about current employment entitlements, including unions, employer groups, academics, and workers covered by the NES – particularly women, workers over 55, young workers, First Nations workers, and people with disability.
