Notice Period Australia: 1 to 5 Weeks by Years of Service

The National Employment Standards set minimum notice periods that an employer must give when terminating an employee. These are based on the employee's continuous service: less than 1 year of service = 1 week's notice, 1 to 3 years = 2 weeks, 3 to 5 years = 3 weeks, and 5 or more years = 4 weeks. Employees aged 45 years or over who have at least 2 years of continuous service are entitled to an additional week of notice on top of the standard minimum.

Put simply, a 46-year-old with 6 years of service gets 5 weeks' notice (4 weeks plus the over-45 additional week). These are minimum entitlements — your Modern Award, enterprise agreement, or employment contract may require a longer notice period.

About the NES minimum notice periods apply to employers terminating an employee's employment. For employees resigning, the NES doesn't set a statutory minimum — the notice you must give is determined by your Modern Award, enterprise agreement, or employment contract. Most awards require the same notice periods as the NES scale (minus the over-45 extra week), but some are shorter.

For example, many awards require employees to give only 1 week's notice regardless of service length. If your award is silent on resignation notice, a reasonable notice period applies, which is typically considered to be the same as what the employer would need to give you.

Always check your specific award or contract.

An employer can choose to pay out the notice period instead of having the employee work it. This is called payment in lieu of notice (PILON). The employee receives their ordinary pay for the notice period but does not have to attend work.

The payment must be at least the amount the employee would have earned during the notice period, calculated at the employee's base rate of pay for their ordinary hours. Payment in lieu terminates the employment immediately on the date of the payment — the employee does not continue to accrue leave or super during the notice period.

If you're offered PILON, your termination date is the date you stop working, not the end of the notice period.

Garden leave is different from payment in lieu of notice. Under a garden leave arrangement, the employee remains employed during the notice period but is directed not to attend the workplace. Because the employee is still technically employed, they continue to accrue leave entitlements and super contributions, and remain bound by their employment obligations (such as confidentiality).

Garden leave must be provided for in the employment contract, award, or enterprise agreement — an employer cannot unilaterally place someone on garden leave without a contractual basis. Garden leave is commonly used for senior employees or those with access to sensitive business information, and the employee receives their full pay and entitlements throughout the period.

While the NES sets the floor, your actual notice requirements may differ based on your Modern Award, enterprise agreement, or individual employment contract. Awards often mirror the NES for employer-given notice but may set different (often shorter) employee resignation notice requirements. Enterprise agreements can set notice periods that are more generous than the NES but cannot be less favourable overall.

Employment contracts — particularly for senior or executive roles — frequently specify longer notice periods than the NES (such as 3 or 6 months), which apply to both the employer and employee. Where there's a conflict, the most beneficial entitlement to the employee applies.

You should always read your specific contract and check your award.

If an employee resigns without giving the required notice under their award or contract, the employer may be entitled to deduct up to one week's wages from the employee's final pay — but only if this deduction is authorised by the relevant Modern Award and is reasonable. In practice, most employers don't pursue this. However, failing to work your notice period can damage professional relationships and references.

For employers, if they terminate an employee without providing the required notice (and don't make a payment in lieu), they're in breach of the NES. The employee could recover the unpaid notice entitlement through the Fair Work Ombudsman or the courts.

The employee could also include it in an unfair dismissal claim if applicable.

Not all employees are entitled to notice of termination. The NES notice period requirements don't apply to: casual employees, employees on a fixed-term contract (when the contract expires naturally), employees terminated for serious misconduct (such as theft, fraud, assault, or serious safety breaches), daily hire employees, and employees engaged for a specific task or season. For serious misconduct, the employer can terminate immediately without notice, but the employee is still entitled to their accrued entitlements such as annual leave and long service leave.

An employee dismissed for serious misconduct may still be able to apply for unfair dismissal if they believe the conduct didn't warrant summary dismissal.

About the financial value of your notice period is straightforward but often underestimated, especially for long-serving employees. Here are the minimum notice entitlements in dollar terms at common salary levels. At $55,000 per year ($1,058/week): 1 week = $1,058; 2 weeks = $2,115; 3 weeks = $3,173; 4 weeks = $4,231; 5 weeks (over-45 with 2+ years) = $5,288.

At $75,000 ($1,442/week): 1 week = $1,442; 2 weeks = $2,885; 3 weeks = $4,327; 4 weeks = $5,769; 5 weeks = $7,212. At $100,000 ($1,923/week): 1 week = $1,923; 2 weeks = $3,846; 3 weeks = $5,769; 4 weeks = $7,692; 5 weeks = $9,615.

At $120,000 ($2,308/week): 4 weeks = $9,231; 5 weeks = $11,538. These are calculated on your base rate of pay — your ordinary hourly rate multiplied by ordinary hours (38 for full-time). Penalties, overtime, bonuses, and allowances are not included in the notice period calculation. For employees on contracts specifying longer notice periods (common for senior roles — e.g., 3 or 6 months), the financial value is substantially higher.

A manager on $130,000 with a 3-month notice period is entitled to $32,500 in notice pay if terminated without being required to work it out. If your employer pays you in lieu of notice, check that the amount matches your base weekly pay multiplied by the correct number of weeks. Check your payslip.

While the NES prescribes minimum notice periods for employers dismissing employees, the rules for employees resigning are different and often misunderstood. The NES itself doesn't set a statutory minimum resignation notice period — your obligation comes from your modern award, enterprise agreement, or employment contract. Most modern awards require employees to give the same notice as the NES scale (1-4 weeks based on service), but without the extra week for employees over 45.

Some awards are more lenient — many only require 1 week's notice regardless of service length. Your employment contract may specify a different period, particularly for professional or senior roles.

If you do not give the required notice under your award, your employer may be entitled to deduct up to one week's wages from your final pay. This deduction is only permitted if the relevant award specifically authorises it and the deduction is reasonable. In practice, most employers do not pursue deductions for short notice, but it can happen. More practically, failing to work your full notice period can affect your professional reputation and references.

There is no general legal mechanism for an employer to force you to work out your notice period — they can't obtain a court order compelling you to attend work. However, if your contract includes a restraint of trade clause, failing to give proper notice could affect how that clause is interpreted by a court.

If you're in a difficult situation and want to leave quickly, negotiate with your employer — many will agree to a shorter notice period, especially if a smooth handover can be arranged (check your payslip).

Probationary periods add complexity to notice requirements. A probationary period (also called a trial period) is typically the first 3 to 6 months of employment, and it's specified in the employment contract. During probation, the NES minimum notice periods still apply — an employee on probation with less than 1 year of service is entitled to at least 1 week's notice (or payment in lieu) if their employment is terminated.

The probationary period doesn't override this minimum. However, some modern awards allow for a shorter notice period during probation.

For example, some awards specify that during a probationary period, the employer need only give 1 day's notice. Always check your specific award. From the employer's perspective, the key advantage of a probationary period relates to unfair dismissal rather than notice. Employees in businesses with 15 or more staff must complete the Minimum Employment Period of 6 months before they can access unfair dismissal protections (12 months for small businesses with fewer than 15 employees) (and yes, this applies to casuals too).

The upshot: an employer can terminate a probationary employee within this period with appropriate notice and without facing an unfair dismissal claim, provided the termination isn't for a discriminatory or otherwise unlawful reason. Even during probation, general protections claims (adverse action for exercising a workplace right) remain available from day one.

If your employer terminates your employment without giving the required minimum notice (and without making a payment in lieu of notice), they've breached the National Employment Standards. Here is a step-by-step guide to protect your rights. Step 1: Check your entitlement.

Determine the correct notice period based on your continuous service and age. Use our Notice Period Calculator for a quick check.

Step 2: Review whether you received payment in lieu. Your employer may have paid you the notice period amount in your final pay rather than requiring you to work it. Check your final payslip carefully. Step 3: Raise the shortfall in writing.

Send an email to your employer or payroll department specifying the notice period you were entitled to, the notice you actually received, and the dollar amount of the shortfall. Step 4: If the employer doesn't respond or refuses to pay, contact the Fair Work Ombudsman on 13 13 94.

They can investigate and help recover the underpayment. Step 5: Consider whether the termination may also be unfair. If you have completed the minimum employment period (6 months for large employers, 12 months for small), you may have grounds for an unfair dismissal application with the Fair Work Commission.

The 21-day deadline for lodging an unfair dismissal application is strict and starts from the date of termination — don't delay. Step 6: Keep all documentation including your employment contract, payslips, the termination letter (if any), and records of any communications about the termination (more on this below).

These documents are essential for any claim. Full stop.