Inquiry into the operation and adequacy of the National Employment Standards

Terms of Reference

The House of Representatives Standing Committee on Employment, Workplace Relations,Skillsand Training will inquireand reportinto the operation and adequacy of theNational Employment Standards(NES)under theFair Work Actwithparticular referenceto: - theobjectiveandpurpose ofthe NES aspart ofthe safety net framework, aswell asindividual NES entitlements. theobjectiveandpurpose ofthe NES aspart ofthe safety net framework, aswell asindividual NES entitlements. - the extent to which the NES is fit for purpose, having regard to the changing nature ofwork. the extent to which the NES is fit for purpose, having regard to the changing nature ofwork. - the role ofthe NES in promoting the object oftheFair Work Actset out inSection3. the role ofthe NES in promoting the object oftheFair Work Actset out inSection3. - the adequacy,relevanceandcoherence ofexisting NES entitlements. the adequacy,relevanceandcoherence ofexisting NES entitlements. - the effectiveness andapplication ofthe NES,including opportunities fortechnicalimprovements. the effectiveness andapplication ofthe NES,including opportunities fortechnicalimprovements. - the interaction between the NES and other workplace instruments, including modernawards, enterprise agreements, and individual flexibility arrangements. the interaction between the NES and other workplace instruments, including modernawards, enterprise agreements, and individual flexibility arrangements. - the types ofworkers covered bythe NES andconsideration ofdifferences in experienceofthe NES,including experiences ofwomen,workers over 55, young workers, FirstNations workers and workers with disability. the types ofworkers covered bythe NES andconsideration ofdifferences in experienceofthe NES,including experiences ofwomen,workers over 55, young workers, FirstNations workers and workers with disability. - whether there are anygaps in data information about anyofthese matters andwhat action isrequiredto address these. whether there are anygaps in data information about anyofthese matters andwhat action isrequiredto address these. - any related matters. The operation ofthe specific provisions amended in the following divisionsareexcludedfromthe scope ofthis review onthe basis that separate statutory reviews either have occurredorwill occur. This does not prevent broader consideration ofthe interaction ofthese provisionswith other NES entitlements. - Division 4 − Request for Flexible Working Arrangements Division 4 − Request for Flexible Working Arrangements - Division 4A − Casual Employment Division 4A − Casual Employment - Division 5, Subdivision B − Parental Leave Division 5, Subdivision B − Parental Leave - Division 7, Subdivision CA − Family and Domestic Violence Leave. Division 7, Subdivision CA − Family and Domestic Violence Leave. PO Box 6021Parliament HouseCANBERRACanberra ACT 2600Phone:+61 2 6277 4037employment.reps@aph.gov.au