Notice Period in New South Wales (NSW) 2026 — Your Rights & Entitlements

Last updated: March 2026

Notice period requirements in New South Wales are primarily governed by the National Employment Standards (NES) under the Fair Work Act 2009. The NES sets minimum notice periods based on length of service, with an additional week for employees over 45 who have been employed for at least 2 years.

NSW public sector employees under the Government Sector Employment Act 2013 may have different notice requirements specified in their contract or enterprise agreement.

Your award, enterprise agreement, or employment contract may provide for longer notice periods than the NES minimums. The notice period cannot be shorter than the NES minimum.

Key Facts: Notice Period in NSW

✓1 year or less of service: 1 week's notice
✓1 to 3 years of service: 2 weeks' notice
✓3 to 5 years of service: 3 weeks' notice
✓More than 5 years of service: 4 weeks' notice
✓Employees over 45 with 2+ years of service get an extra week
✓NSW public sector employees may have different notice requirements
✓Employers can pay out the notice period instead (payment in lieu of notice)
✓Casual employees generally don't have notice requirements under the NES

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Frequently Asked Questions

What is the minimum notice period in New South Wales?▼

The minimum notice period in New South Wales follows the NES: 1 week for up to 1 year of service, 2 weeks for 1-3 years, 3 weeks for 3-5 years, and 4 weeks for 5+ years. Employees over 45 with at least 2 years' service get an additional week.

Can my employer pay me instead of giving notice in NSW?▼

Yes. Under the Fair Work Act, employers can choose to pay you in lieu of notice. This payment must be at least the amount the employee would have received during the notice period, including any allowances and loadings.

Do NSW public sector employees have different notice requirements?▼

NSW public sector employees under the Government Sector Employment Act 2013 may have different notice requirements specified in their contract or enterprise agreement.

What if my contract in New South Wales says a longer notice period?▼

Your contract or enterprise agreement can specify a longer notice period than the NES minimum, and that longer period will apply. However, it cannot reduce the notice period below the NES minimum. Always check your specific agreement.

Notice Period in Other States

VICVictoria QLDQueensland WAWestern Australia SASouth Australia TASTasmania ACTAustralian Capital Territory NTNorthern Territory

More Workplace Rights in NSW

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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.