The National Employment Standards, or NES, are the 11 minimum entitlements that must be provided to all national-system employees. Awards, enterprise agreements and employment contracts cannot provide and cannot provide terms and conditions that are less beneficial than the NES. 

Awards, sometimes referred to as modern awards, are a legally binding document made by the Fair Work Commission that sets minimum wages and employment conditions for specific industries and occupations. Modern Awards operate alongside the National Employment Standards (NES) and cannot provide terms and conditions that are less beneficial than the NES. 

Enterprise Agreements are a collective agreement between an employer (or group of employers) and employees, setting terms and conditions of employment. An EA must provide better terms and conditions (on an overall basis) compared to the underlying modern award and the National Employment Standards, and it comes into effect once it is approved by the Fair Work Commission.