Western Australia Notice of Termination and Redundancy Pay Laws (2026)
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.
How Western Australia differs from federal law
Notice of termination and redundancy pay in WA depends on whether the worker is in the national or state system. State system workers are covered by the Minimum Conditions of Employment Act 1993 (WA).
- For national system workers, the NES minimum notice periods (1-4 weeks depending on length of service, plus an extra week for employees over 45 with 2+ years' service) and redundancy pay (4-16 weeks) apply.
- For state system workers, the Minimum Conditions of Employment Act 1993 (WA) provides minimum notice periods that are generally consistent with the NES. However, there is no statutory redundancy pay under the WA state system — redundancy entitlements depend on the applicable award or enterprise agreement.
- WA Government employees are typically entitled to redundancy packages under their enterprise agreements, which may be more generous than the NES minimums.
- Long service leave must be paid out on termination after 7 years of service (pro-rata), under the Long Service Leave Act 1958 (WA).
Additional Steps in Western Australia
If your employer fails to provide proper notice, contact the Fair Work Ombudsman (national system) or DMIRS (state system, 1300 655 266). Free advice from the Employment Law Centre of WA (1300 520 054) or Legal Aid WA (1300 650 579).
Relevant Law: Fair Work Act 2009 (Cth), ss 117-123; Minimum Conditions of Employment Act 1993 (WA); Long Service Leave Act 1958 (WA)
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.