Australian federal government launches inquiry into the operation and adequacy of the National Employment Standards

At a glance

• The Australian federal government is conducting the first comprehensive review of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act), examining their purpose, adequacy, relevance and effectiveness amid changing work conditions.
• Public submissions have closed with hearings having included various insights on employment challenges and technology impacts.
• A final report with findings and recommendations is expected later in 2026. 

Background and scope of the inquiry

The House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training (Committee) is currently conducting an inquiry into the operation and adequacy of the NES under the FW Act.

The inquiry was referred for consideration by the Minister for Employment and Workplace Relations on 27 November 2025 and represents the first whole-of system review of the NES since their introduction.

As part of the inquiry, the following is being considered:

• The objective and purpose of the NES, including individual NES entitlements.
• Whether the NES remains fit for purpose, having regard to the changing nature of work.
• The role of the NES in promoting the object of the FW Act.
• The adequacy, relevance and coherence of existing NES entitlements.
• The effectiveness and practical operation of the NES, including opportunities for technical improvements.
• The interaction between the NES and other workplace instruments, including modern awards, enterprise agreements and individual flexibility arrangements.
• The coverage of the NES and differential experiences of the NES across worker cohorts, including women, workers over 55, young workers, First Nations workers and workers with disability.
• Whether there are gaps in available data and what action may be required to address those gaps.

There are some exclusions to the scope of the inquiry, on the basis that separate statutory reviews either have occurred or will occur, namely:

• Requests for flexible working arrangements.
• Casual employment.
• Parental leave.
• Family and domestic violence leave.

Employer considerations

Although the inquiry does not change the current law, it may result in recommendations for legislative reform including amendments or changes to the scope and operation of existing NES entitlements.

Submissions to the inquiry reflect a wide range of perspectives, including proposals to expand leave entitlements, modify hours of work and strengthen protections for particular categories of workers. If adopted, some proposals could have material cost, compliance and operational implications for employers.

Current status

Public submissions to the inquiry have now closed. The Committee has conducted a series of public hearings, with the most recent hearing held on 26 March 2026.

The next hearing is scheduled for 1 May 2026, and the Committee is expected to report to Parliament later in 2026 with its findings and recommendations.

We will continue to monitor developments and provide updates as they arise.