Australia Notice & Redundancy Pay (2026) - FW Act §117 & NES
About this article
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
What is this right?
Fired? Get notice pay. Redundant? Demand severance. The NES sets strict rules. Never walk away.
When does it apply?
- Fired? Notice pay applies if you are permanent (full/part-time).
- Job abolished? Redundancy pay applies if your role is cut.
- Exceptions: No notice/severance for casuals, serious misconduct, or expired contracts.
What to Do If You Are Made Redundant or Not Given Proper Notice in Australia
- Check minimums: Use the NES scale to verify notice weeks.
- Calculate severance: Redundancy pay scales up to 16 weeks based on tenure.
- Check final pay: Ensure it includes notice, redundancy, and leave.
- Report theft: Call Fair Work at 13 13 94 for unpaid amounts.
Generate a formal legal letter to support your rights using our Legal Letter Generator.
What should you NOT do?
- Don't leave empty-handed: Never walk out without payment in lieu of notice.
- Don't accept fake redundancy: If they hire someone else to do your job, it is unfair dismissal.
- Don't ignore the clock: Enforce your rights immediately before deadlines pass.
About Workers' Rights in Australia
If you work in Australia, the Fair Work Act 2009 is the floor. The National Employment Standards set 11 minimum entitlements — hours, leave, parental leave, notice — that no contract can undercut. The Fair Work Commission handles unfair dismissal and approves enterprise agreements; the Fair Work Ombudsman investigates underpayments. Workplace safety runs through state WHS Acts, and discrimination is caught by both the Act's general protections and the federal RDA, SDA, and DDA.
Common Questions
What is the notice of termination and redundancy pay right in Australia?
Fired? Get notice pay. Redundant? Demand severance. The NES sets strict rules. Never walk away.
When does notice of termination and redundancy pay apply?
Fired? Notice pay applies if you are permanent (full/part-time).Job abolished? Redundancy pay applies if your role is cut.Exceptions: No notice/severance for casuals, serious misconduct, or expired contracts.
What should I do if my employer in Australia hasn't given me proper notice or redundancy pay?
Check minimums: Use the NES scale to verify notice weeks.Calculate severance: Redundancy pay scales up to 16 weeks based on tenure.Check final pay: Ensure it includes notice, redundancy, and leave.Report theft: Call Fair Work at 13 13 94 for unpaid amounts.Generate a formal legal letter to support your rights using our Legal Letter Generator.
What mistakes should I avoid with notice of termination and redundancy pay?
Don't leave empty-handed: Never walk out without payment in lieu of notice.Don't accept fake redundancy: If they hire someone else to do your job, it is unfair dismissal.Don't ignore the clock: Enforce your rights immediately before deadlines pass.
Notice of Termination and Redundancy Pay in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- New South WalesNotice of Termination and Redundancy Pay
- VictoriaNotice of Termination and Redundancy Pay
- QueenslandNotice of Termination and Redundancy Pay
- Western AustraliaNotice of Termination and Redundancy Pay
- South AustraliaNotice of Termination and Redundancy Pay
- TasmaniaNotice of Termination and Redundancy Pay