Notice & redundancy
The National Employment Standards minimums when employment ends: how much notice of termination the employer must give (or pay in lieu), and how many weeks of redundancy pay apply, including the over-45 bonus week, the excluded employment categories and the small-business exemption. Awards, agreements and contracts can add more; they can't give less.
The situation
Results update as you go
Work it out from dates instead
Minimum notice –
0weeks
The employer must give this much written notice, or pay the employee what they'd have earned working it out
NES redundancy pay –
0 weeks' pay At the base rate for ordinary hoursHow the rules apply here
The scales & rules behind this calculator
- Notice (s 117 Fair Work Act): Up to 1 year of service means 1 week's notice, 1 to 3 years means 2 weeks, 3 to 5 years means 3 weeks, and more than 5 years means 4 weeks. An employee who is 45 or over with at least 2 years' service gets one more week, but only on notice the employer gives
- Who the notice rules don't cover: Casuals; fixed-term, task or season employees; trainees on a fixed training agreement; daily-hire employees in building and construction or the meat industry; seasonal weekly-hire meat employees; and anyone dismissed for serious misconduct
- Who redundancy pay doesn't cover: Employees with under 12 months' continuous service; casuals; fixed-term, task or season employees; apprentices; trainees; and employees of a small business (fewer than 15 employees, counting associated entities and regular casuals). An award's industry-specific redundancy scheme can still apply
- Counting service for redundancy pay: Unpaid leave is left out, unless it is community service leave or a period the employer has agreed will count
| Continuous service (redundancy) | Weeks' pay (s 119) |
|---|---|
| 1–2 years | 4 |
| 2–3 years | 6 |
| 3–4 years | 7 |
| 4–5 years | 8 |
| 5–6 years | 10 |
| 6–7 years | 11 |
| 7–8 years | 13 |
| 8–9 years | 14 |
| 9–10 years | 16 |
| 10+ years | 12 (the scale steps down at 10 years) |
General information only. These are the NES floors; the applicable award, enterprise agreement or contract may provide more (and industry redundancy schemes can override the small-business exemption). This isn't legal, financial or BAS advice. Digit Business Advisors are registered BAS agents. talk to us, or check fairwork.gov.au, before finalising a termination.
Frequently asked questions