Hearing on the Operation and adequacy of the National Employment Standards
5 August 2026
On 30 July 2026, the Law Council of Australia appeared before the House of Representatives Standing Committee on Employment, Workplace Relations, Skills and Training for its inquiry into the operation and adequacy of the National Employment Standards under the Fair Work Act 2009 (Cth). It was represented by its Chair of the Industrial Law Committee, Federal Dispute Resolution Section, Pawel (Pav) Zielinski and, Executive Policy Lawyer, John Farrell.
In its earlier submission and evidence given before the Committee, the Law Council focused on the need to reform long service leave entitlements, which are dealt with only in a limited way in the National Employment Standards. It further suggested reassessing redundancy scales and making minor clarifications to provisions on termination, public holidays and personal/carer’s leave.
The Law Council submitted that the absence of an effective national long service leave standard, combined with the complexity and variability of state and territory schemes and legacy instruments, undermined the Fair Work Act’s objective of providing a balanced and productive workplace relations framework.
It noted that the current framework was difficult for employees, employers and their representatives to navigate, particularly in a labour market characterised by greater mobility and changing work patterns, with schemes differing on eligibility, service calculation, leave entitlements and applicable pay rates.
While recognising that national reform would require significant Commonwealth, state and territory cooperation, the Law Council encouraged the Committee to use the inquiry to reignite momentum for reform. At a minimum, it submitted that the Commonwealth should legislate a long service leave standard for constitutional corporations as a foundation for a broader national scheme.
Last Updated on 05/08/2026