Find out the minimum notice period required after 5 years of continuous service under Australian employment law.
Last verified: 21 May 2026After 5 years of continuous service, the minimum notice period is 3 weeks under the NES (Fair Work Act 2009, s117). If the employee is aged 45 or over, they are entitled to an additional week (4 weeks total).
| Length of Service | Minimum Notice |
|---|---|
| Not more than 1 year | 1 week |
| More than 1 year but not more than 3 years | 2 weeks |
| More than 3 years but not more than 5 years ← You | 3 weeks |
| More than 5 years | 4 weeks |
Employees aged 45+ with at least 2 years of service receive an additional week of notice on top of the amounts shown above.
Use the calculator below to check your exact notice period, including the over-45 additional week entitlement.
Under the National Employment Standards (NES s117), an employee with 5 years of continuous service must receive at least 3 weeks' notice of termination. If the employee is aged 45 or over, an additional week of notice is required (4 weeks total).
Yes. Your employer can choose to pay you in lieu of notice. Payment in lieu must equal the amount the employee would have been paid if they had worked through the notice period.
Yes. Employees are generally required to give the same notice period. Check your award, enterprise agreement, or employment contract as they may specify different notice requirements.
Yes. Notice periods are calculated in calendar weeks, which include weekends and public holidays.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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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