How long does an employer have to pay final pay in Australia?

The National Employment Standards don't set a deadline for final pay. Most modern awards do: their 'payment on termination of employment' clause requires the employer to pay you no later than 7 days after the day your employment ends. If you're award or agreement free, or your enterprise agreement or contract says something different, that governs — otherwise expect payment on or before your next normal pay day. Unpaid final pay is recoverable through the Fair Work Ombudsman or a small claims court.

What should be in my final pay?

Six potential components: (1) outstanding ordinary wages for hours worked up to your end date; (2) unused annual leave paid out at base rate (most awards add 17.5% leave loading for permanents); (3) accrued time in lieu (TOIL) paid at the rate it was earned; (4) unused long service leave if you meet the state minimum (7-15 years; pro-rata after 5-7 in some states for resignation); (5) redundancy pay per the NES scale (only if redundancy); (6) payment in lieu of notice if dismissed with less notice than required.

Do I get annual leave paid out when I quit?

Yes. Under NES s 90, accrued but unused annual leave must be paid out on termination of employment, regardless of the reason (resignation, dismissal, redundancy, end of fixed term). It's paid at the base rate of pay. Most modern awards add 17.5% leave loading for permanent employees on accrued annual leave payout. The payout doesn't include casual loading because casuals don't accrue annual leave.

What if my employer pays me late or short on final pay?

Escalation ladder: Day 1 late — polite written email to payroll. Week 1 late — formal escalation citing NES s 90 and your award's final-pay clause. Week 2-3 late — Fair Work Ombudsman online tip-off or 13 13 94. Still unpaid after that — file small claims wage recovery via Federal Circuit and Family Court (up to $100,000) or seek legal advice. The 6-year recovery limit means you have time, but earlier action is easier. Most cases resolve at FWO contact stage without litigation.

When Will My Final Pay Land?

Resigned, dismissed or made redundant? See your expected final pay date + what should be included (annual leave, TOIL, LSL, redundancy, notice in lieu) + what to do if it's late.

Last verified: 16 May 2026Jump to calculator ↓

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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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