Australia Notice & Redundancy Pay (2026) - FW Act §117 & NES

The National Employment Standards set minimum notice periods (Fair Work Act 2009 s 117) and minimum redundancy pay (s 119). Notice scales from one to four weeks with length of service, with an extra week for employees over 45 who have at least two years' service. Redundancy pay scales from four weeks to a maximum of 16 weeks. An award, enterprise agreement, or contract can improve on these minimums but cannot go below them.

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.

Check the minimums: Work out your notice entitlement from the NES scale in s 117, using your continuous service at the date of notice.Work out redundancy pay: The s 119 scale runs from 4 weeks up to a maximum of 16 weeks, and your award or enterprise agreement may provide more.Check the final pay: It should cover outstanding wages, accrued annual leave, notice or pay in lieu, and any redundancy pay.Contact the Fair Work Ombudsman on 13 13 94 if an amount is unpaid or the calculation looks wrong.Generate a formal legal letter to support your rights using our Legal Letter Generator.

Don't sign a release before checking the figures: confirm that notice, leave, and redundancy have all been paid out first.Don't assume a redundancy is genuine: if the employer still needs the job done and hires a replacement, it may not be a genuine redundancy, which can open an unfair dismissal claim.Don't let the deadline pass: an unfair dismissal or general protections dismissal application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect.