Notice of Termination and Redundancy Pay in Western Australia
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
What is this right?
When your employer ends your employment, the NES requires them to give you a minimum notice period based on how long you have worked there:
- 1 week — service of 1 year or less.
- 2 weeks — more than 1 year, up to 3 years.
- 3 weeks — more than 3 years, up to 5 years.
- 4 weeks — more than 5 years.
Employees over the age of 45 with at least 2 years of service get an extra week of notice.
Your employer can choose to pay you in lieu of notice instead of having you work the notice period.
If your job is made redundant (the position itself is no longer needed), you are entitled to redundancy pay. The amount depends on your years of service, starting at 4 weeks' pay for 1-2 years and going up to 16 weeks' pay for 9-10 years of service. After 10 years, the entitlement is 12 weeks. Small businesses (fewer than 15 employees) are exempt from redundancy pay.
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.
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
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.