Notice Period for Resignation — How Much Notice Do I Give? (Australia)
How much notice do you need to give when resigning in Australia? Complete guide covering notice periods by award, contract requirements, what happens if you don't work notice, and payment in lieu.
Minimum Notice Periods for Employees Resigning
When you resign from your job in Australia, you are generally required to give your employer a minimum period of notice. The amount of notice depends on your award, enterprise agreement, or employment contract — not the National Employment Standards. The NES sets minimum notice periods that employers must give to employees when terminating, but it does not set a minimum notice period for employee resignations. However, most modern awards specify that employees must give the same notice as the employer would be required to give under the NES, or a shorter period. The standard NES notice periods (which many awards mirror for resignations) are: 1 week for employees with up to 1 year of service, 2 weeks for 1 to 3 years, 3 weeks for 3 to 5 years, and 4 weeks for 5 or more years. Some awards set a flat notice period regardless of service length — for example, 1 or 2 weeks for all employees. Your employment contract may specify a longer notice period, particularly for senior roles — 4 weeks, 8 weeks, or even 3 months is common for management and executive positions. You are bound by whatever your award, agreement, or contract requires — check these documents before submitting your resignation. If your award and contract specify different notice periods, the contract term applies if it is more beneficial to the employer (i.e., longer notice). If your contract specifies a shorter period than the award, the award minimum applies as a floor.
How to Calculate Your Last Day and Submit Resignation
Your notice period starts the day after you give notice — not the day you give notice. If you give 2 weeks' notice on Monday 14 March, your last day would be Friday 27 March (assuming a standard Monday-to-Friday work pattern). Notice periods are calculated in weeks, not business days, and include weekends. To resign properly, provide your resignation in writing — email is acceptable and provides a clear record with a timestamp. Your resignation letter or email should state your intention to resign, your last working day (based on the applicable notice period), and any practical matters like returning company property or completing handover tasks. You do not need to provide a reason for resigning, and it is generally advisable to keep the resignation brief and professional regardless of your reasons for leaving. Once submitted, your resignation takes effect immediately — you cannot be required to 'wait for approval.' The employer can accept the resignation and let you work your notice period, ask you to leave immediately and pay you in lieu of notice, or negotiate a different end date by mutual agreement. If you are unsure about your notice period, check your employment contract first, then your award, then contact the Fair Work Infoline on 13 13 94. Getting the notice period right is important — getting it wrong can result in your employer deducting up to one week's pay from your final pay.
What Happens If You Don't Work Your Full Notice Period?
If you resign and do not work your full notice period (and the employer has not agreed to waive it), the employer may be entitled to deduct up to one week's pay from your final entitlements under some modern awards. This is the maximum deduction allowed under most awards — the employer cannot withhold your entire final pay or deduct the full value of the unworked notice period. The relevant award clause typically states that the employer may deduct 'an amount no more than one week's wages from the employee's wages owing under this award.' Not all awards include this deduction provision, so check your specific award. If your employment is governed by a contract rather than an award, the consequences of insufficient notice depend on the contract terms. In theory, an employer could sue for damages caused by the employee's failure to give proper notice — for example, the cost of hiring a temporary replacement. In practice, this is extremely rare because the cost of legal action usually exceeds any damages recoverable. However, for senior employees on long notice periods, the risk is more real. There are several legitimate reasons to leave before your notice period expires: if the employer agrees to waive the remaining notice (get this in writing), if the employer's conduct makes it unsafe or unreasonable to continue working (constructive dismissal), or if you have accrued leave that you take during the notice period. Taking annual leave during your notice period is permitted — your employer cannot refuse a reasonable annual leave request during notice, though they can decline it if there are legitimate business reasons.
Payment in Lieu of Notice — When the Employer Wants You to Leave Early
If you resign and your employer does not want you to work your notice period (common in competitive industries or when the employee is moving to a competitor), the employer can pay you in lieu of notice and ask you to leave immediately. Payment in lieu of notice means you receive the wages you would have earned during the notice period as a lump sum, and your employment ends on the date of payment rather than at the end of the notice period. This payment must include your base rate of pay for the notice period, plus any applicable loadings, allowances, and other entitlements you would have earned. It does not typically include overtime you might have worked, as this is not guaranteed. Your annual leave and other entitlements continue to accrue during the payment in lieu period for the purpose of your final pay calculation. Some employers may instead place you on 'gardening leave' during your notice period — this means you remain employed and on the payroll but are not required to attend work. You remain bound by your employment obligations during gardening leave, including confidentiality and non-solicitation obligations. The distinction between payment in lieu and gardening leave matters for the calculation of your final pay and for the operation of any post-employment restraints. If you receive payment in lieu, your employment ends immediately and the clock starts on any restraint period. If you are on gardening leave, your employment continues until the end of the notice period.
Special Situations — Probation, Casual, and Fixed-Term Contracts
During a probation period, the notice requirements are typically shorter. Most awards and contracts specify a reduced notice period during probation — commonly 1 week regardless of the standard notice period for the role. If your contract does not specify a probation notice period, the standard notice period under your award applies. Casual employees are generally not required to give any notice when ending their employment — they can simply decline the next shift offered. However, it is good practice to give reasonable notice (even informally) to maintain professional relationships and references. Some awards specify a notice period for casual employees, but this is uncommon. Fixed-term contract employees do not typically need to give resignation notice because the contract has a specified end date. However, if you want to leave before the contract expires, you are technically in breach of contract. The consequences depend on the contract terms — some include an early termination clause specifying the notice required and any penalties, while others are silent. If your fixed-term contract does not include an early termination clause, negotiating an agreed exit is usually the best approach. If you have been on consecutive fixed-term contracts for more than 2 years, you may have converted to permanent employment under the Fair Work Act's anti-avoidance provisions, which would mean standard notice periods apply. Regardless of your employment type, always leave on professional terms — a good reference is one of the most valuable assets you take with you.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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