Notice of Termination and Redundancy Pay in Australia

By Ahmed Alsaedi, Founding Editor

Source: Fair Work Act 2009 (Cth), Part 2-2, Division 11 (ss 117-123); National Employment Standards

Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Australian Federal Law

What is this right?

When the employer ends your employment, the NES sets the minimum notice period based on tenure:

1 week — service of 1 year or less.
2 weeks — more than 1 year, up to 3.
3 weeks — more than 3 years, up to 5.
4 weeks — more than 5 years.

If you're over 45 with at least 2 years' service, add an extra week. The employer can either let you work the notice period or pay it out as payment in lieu.

Redundancy is a different beast. It applies when the position itself is no longer needed — not when you're fired for performance or conduct. Redundancy pay scales with service, from 4 weeks' pay at 1-2 years up to 16 weeks' pay at 9-10 years; after 10 years it drops back to 12 weeks (a quirk worth knowing). Small businesses with fewer than 15 employees are exempt from redundancy pay altogether.

When does it apply?

You are a permanent employee (full-time or part-time) who has been dismissed.
Notice requirements do not apply to casual employees, employees terminated for serious misconduct, or fixed-term contract workers whose contract has simply expired.
Redundancy pay applies when your position is genuinely no longer needed — not when you are fired for performance or conduct.

What to Do If You Are Made Redundant or Not Given Proper Notice in Australia

Check your notice period against the NES minimums and your award or agreement (which may give you more).
If you are made redundant, calculate your entitlement using the Fair Work Ombudsman's online tools.
Make sure your final pay includes all outstanding wages, accrued leave, notice pay, and redundancy pay.
Contact the Fair Work Ombudsman on 13 13 94 if your employer hasn't paid what you're owed.

What should you NOT do?

Don't accept being told to leave immediately without either working your notice period or being paid in lieu.
Don't confuse being fired with being made redundant — redundancy means the job no longer exists, not that you did something wrong.
Don't assume a small-business exemption applies without checking — count all employees including casuals at the time of dismissal.

State Law

Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.

6 states available

Common Questions

When does notice of termination and redundancy pay apply?

You are a permanent employee (full-time or part-time) who has been dismissed.Notice requirements do not apply to casual employees, employees terminated for serious misconduct, or fixed-term contract workers whose contract has simply expired.Redundancy pay applies when your position is genuinely no longer needed — not when you are fired for performance or conduct.

What should I do if my employer in Australia hasn't given me proper notice or redundancy pay?

Check your notice period against the NES minimums and your award or agreement (which may give you more).If you are made redundant, calculate your entitlement using the Fair Work Ombudsman's online tools.Make sure your final pay includes all outstanding wages, accrued leave, notice pay, and redundancy pay.Contact the Fair Work Ombudsman on 13 13 94 if your employer hasn't paid what you're owed.

What mistakes should I avoid with notice of termination and redundancy pay?

Don't accept being told to leave immediately without either working your notice period or being paid in lieu.Don't confuse being fired with being made redundant — redundancy means the job no longer exists, not that you did something wrong.Don't assume a small-business exemption applies without checking — count all employees including casuals at the time of dismissal.

Notice of Termination and Redundancy Pay in other states

Same topic, different jurisdiction. Pick the one that applies to you.