Conditions of Employment

You will find your terms and conditions of employment in one or a combination of the following resources:

• The Fair Work Act 2009 and the National Employment Standards which apply to all employees in the Northern Territory;
• NT legislation regarding occupational health and safety, workers’ compensation, public holidays, long service leave, and anti-discrimination;
• A written common law contract;
• A verbal common law contract;
• A letter of offer;
• A workplace agreement; or
• A Modern Award.

National Employment Standards (NES)

The Fair Work Act 2009 contains minimum conditions known as the National Employment Standards (NES), which have operated since 1 January 2010. Some Modern Awards or agreements may contain additional terms which modify the way the NES applies to some people. In some cases, additional leave benefits may be provided for in Modern Awards or agreements. You should check your Modern Award or agreement for such terms.

The NES set out the following minimum conditions for NT employees:

Maximum ordinary hours per week 

A maximum of 38 ordinary hours of work per week, which can be averaged out over 12 months if agreed in writing, plus reasonable additional hours;

Flexible work arrangements

A request can be made for flexible working arrangements if you are a parent or have responsibility for the care of a child who is of school age  or younger; are a carer (as per the meaning of the Carer Recognition Act 2010); have a disability; are 55 or older; are experiencing domestic or family violence from a member of the employee's family; or you are the carer or provide support to somebody who is experiencing domestic or family violence who requires care or support because they are experiencing violence from that person's family.

To make a request you must have 12 months continuous service on a full-time or part-time basis with the employer, and if you are a long-term casual, you have an expectation of ongoing employment on a regular and systematic basis;

Parental leave  

52 weeks of unpaid parental leave for each parent (for permanent workers and casuals who have worked continuously for the employer for at least 12 months), with the alternative for one parent to request a second 52 weeks unpaid leave if their partner is not intending to utilise theirs. The employer can refuse the second year of leave on reasonable business grounds;

Annual leave

4 weeks of paid annual leave per year for permanent full-time employees (pro rata for part-timers), with an additional week for employees who regularly work day and night shifts and shifts on Sundays, Saturdays and public holidays;

Personal / carer’s leave 

10 days of paid personal leave (which can be used for sick leave or carer’s leave) for permanent full-time employees (pro rata for part-timers);

Carers leave 

2 days of unpaid carer’s leave per each occasion that a member of your immediate family or household is ill, injured or affected by an unexpected emergency. This entitlement is for permanent and casual employees. Permanent employees can only access the unpaid entitlement if they have already used all of their paid personal leave entitlements;

Compassionate leave 

2 days of paid compassionate leave per occasion for permanent employees (unpaid for casual workers); 

Family and Domestic Violence leave 

10 days of paid leave per year, for employees experiencing family or domestic violence, who need to do something to deal with the impact of the violence, which it is impractical for them to do outside their ordinary hours of work. The leave is available in full from the commencement of each year of employment and does not accumulate from year to year.