Working out working standards: Inquiry launched to review the National Employment Standards

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.

Committee Chair, 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," Dr Garland said.

"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.

"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 has invited written submissions in response to the terms of reference by Friday, February 27, 2026. Submissions will be welcomed 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.

Submitters who wish to provide input anonymously should contact the Secretariat to discuss available options. More information on the inquiry, including the full terms of reference and details on making a submission, can be found on the inquiry website.

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